GIFT  OF 


€0mm0tttoealtf)  of  Ifla00ad)u0ett0* 


LAWS 

RELATING   TO 

PRIMARIES,  CAUCUSES  AND  ELECTIONS. 

[Chapter  835,  Acts  of  1913.] 


PREPAEED   BY   THE 

SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON: 

WRIGHT  &  POTTER  FEINTING  CO.,  STATE  PEINTERS, 

32  DEKNE  STREET. 

1913. 


€ommontocaltl)  of  Jlto00acl)usctt0. 


LAWS 

RELATING   TO 

PRIMARIES,  CAUCUSES  AND  ELECTIONS. 

[Chapter  835,  Acts  of  1913.] 


PREPARED    BY    THE 

SECRETARY  OF  THE  COMMONWEALTH. 


BO?TCN: 

WRIGHT  &  POTTEE  PRINTING  CO.,  STATE  PRINTERS, 

32  DERNE  STREET. 

1913. 


• 


The  copies  of  this  pamphlet  which  are  furnished  to 
city,  town  and  other  officers  are  for  their  official  use, 
and  should  be  carefully  preserved  by  them  and  trans- 
mitted to  their  successors  in  office  so  long  as  the  laws 
contained  in  the  pamphlet  remain  in  force. 


CONTENTS. 


Part  I. 

General  Provisions       ...... 

Qualifications  of  Voters         ..... 

Assessment  of  Poll  Taxes  and  Lists  of  Persons  Assessed 
Registrars  of  Voters     ...... 

Registration  of  Voters  .          . 

Voting  Lists        ....... 

Listing  and  Registration  of  Voters  in  Boston 


Sections 
1-11 
12-14 
15-23 
24-34 
35-59 
60-68 
69-87 


Part  II. 

Political  Committees   .          .         .          .          .          .          .          .          .          .  88-92 

Provisions  applying  to  All  Primaries      .......  93-112 

Provisions  applying  to  State  Primaries  .......  113-127 

Provisions  applying  to  City  and  Town  Primaries     .....  128-137 

Provisions  applying  to  Presidential  Primaries           .....  138-142 

Provisions  applying  to  All  Caucuses  of  Political  Parties  ....  143-151 

Provisions  applying  to  Caucuses  of  Political  Parties  at  which  Official 

Ballots  are  not  Used  .  . 152-155 

Provisions  applying  to  Caucuses  of  Political  Parties'  at  which  Official 

Ballots  are  Used 156-185 

Provisions  applying  to  Caucuses  Other  than  those  of  Political  Parties        .  186-189 

Nomination  of  Candidates   .         .         .         .         .          .          .          .          .  190-210 

State  Ballot  Law  Commission  .  .  .  .  211-215 


Part  III. 

Wards  and  Voting  Precincts 216-225 

Election  Officers 226-240 

Voting  Places 241-242 

Ballot  Boxes,  Voting  Machines,  Counting  Apparatus  and  Blanks    .          .  243-256 

Preparation  and  Form  of  Ballots  .......  257-264 

Information  to  Voters  .........  265-273 

Delivery  of  Ballots,  Etc 274-276 

Calling  of  Elections .          .  277-279 

Conduct  of  Elections 280-290 

Manner  of  Voting        ..........  291-300 

Counting  of  Votes 301-306 

Records  and  Certificates  of  Election      .......  307-330 

Recounts  of  Votes       .  331-334 


CONTENTS. 


Part  IV. 

Proceedings  in  Cases  of  Failure  to  Elect,  and  Vacancies  in  State  Offices 
Proceedings  of  Presidential  Electors      ...... 

Corrupt  Practices         ....... 

Inquests  in  Election  Cases  ....... 

Officers  to  be  Elected  at  State  Elections 


Sections 

335-344 
345-346 
347-371 
372-378 
379-392 


Part  V. 

Provisions  applying  to  Town  Meetings           ....  .     393-399 

Election  of  Town  Officers .     400-422 

Proceedings  in  Cases  of  Failure  to  Elect,  and  Vacancies  in  Town  Offices  .     423-431 

Town  Elections  at  which  Official  Ballots  are  Used  432-433 


Part  VI. 


Penalties  upon  Officers 
Penalties  upon  Voters 
General  Penalties 
Repeal  of  Former  Statutes 


434-450 
451-456 
457-502 
503-504 


LAWS 

RELATING  TO 

PEIMAEIES,  CAUCUSES  AND  ELECTIONS. 


Chapter  835,  Acts  of  1913. 

AN    ACT    TO    CODIFY    THE    LAWS    RELATIVE    TO    PRIMARIES, 
CAUCUSES  AND  ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

PART    I. 

General  Provisions. 

SECTION  1.    Terms   used   in   this   act   and   in   statutes  certain  terms 
relative  to  primaries,  caucuses  or  elections  shall  be  con-  S^eo  §  i, 
strued  as  follows,  unless  other  meaning  is  clearly  apparent  H\\t  550  ^  L 
from  language  or  context,  or  unless  such  construction  is  *912'  398«  M  *• 
inconsistent  with  the  manifest  intent  of  the  legislature: 

"Aldermen"  shall  include  the  boards  or  officials  having 
the  powers  of  aldermen  in  a  city  which  does  not  have  a 
board  of  aldermen. 

"Assessors"  shall  mean  the  assessors  of  taxes  of  a  city 
or  town. 

"Caucus"  shall  apply  to  any  public  meeting  of  the  voters 
of  a  precinct,  ward,  or  town,  held  under  the  provisions  of 
this  act  relating  to  caucuses. 

"Caucus  officers"  shall  apply  to  chairmen,  wardens, 
secretaries,  clerks  and  inspectors,  and,  when  on  duty,  to 
additional  officers  appointed  or  elected,  or  elected  to  fill 
a  vacancy,  and  taking  part  in  the  conduct  of  caucuses. 

"City  election"  shall  apply  to  any  election  held  in  a  city 
for  the  choice  of  a  city  officer  by  the  voters  whether  for 
a  full  term  or  for  the  filling  of  a  vacancy. 

"City  officer"  shall  apply  to  any  person  to  be  chosen  by 
the  voters  at  a  city  election. 


GENERAL  PROVISIONS. 

terms  "Convention"  shall  apply  only  to  a  meeting  of  delegates 
duly  chosen  in  primaries  or  caucuses,  representing  two  or 
more  subdivisions  of  the  district  for  which  the  convention 
is  held. 

"Election"  shall  apply  to  the  taking  of  a  vote  upon  a 
proposed  amendment  to  the  constitution;  upon  the  ques- 
tion of  granting  licenses  for  the  sale  of  intoxicating  liquors; 
and  upon  any  other  question  by  law  submitted  to  the  voters. 

"Election  officer"  shall  apply  to  wardens,  clerks,  inspec- 
tors and  ballot  clerks,  and  to  their  deputies  when  on  duty, 
and  also  to  selectmen,  town  clerks,  moderators  and  tellers 
when  taking  part  in  the  conduct  of  elections. 

"Elective  office"  shall  apply  to  any  office  to  be  filled  by 
the  voters  at  any  state,  city  or  town  election. 

"Municipal  party"  shall  apply  to  a  party  other  than  a 
political  party  which  at  the  preceding  city  or  town  election 
polled  for  mayor  or  a  selectman  at  least  three  per  cent  of 
the  entire  vote  cast  in  the  city  or  town  for  that  office  or, 
in  a  city,  which  files  with  the  city  clerk,  at  least  sixty  days 
before  the  annual  municipal  election,  a  petition  to  be  allowed 
to  place  nominations  of  such  party  on  the  official  ballot, 
which  petition  is  signed  in  person  by  a  number  of  registered 
voters  of  the  city  equal  to  at  least  three  per  cent  of  the 
entire  vote  polled  in  the  city  for  mayor  at  the  preceding 
election,  and  so  far  as  municipal  elections  are  concerned, 
such  a  party  shall  also  be  deemed  a  political  party  within 
the  meaning  of  this  act;  but  the  term  "municipal  party" 
shall  be  used  only  with  reference  to  primaries  or  caucuses 
for  the  nomination  of  city  or  town  officers. 

"Official  ballot"  shall  mean  a  ballot  prepared  for  any 
primary,  caucus  or  election  by  public  authority  and  at 
public  expense. 

"Political  committee",  under  the  provisions  of  this  act 
relative  to  corrupt  practices,  shall  apply  to  every  com- 
mittee or  combination  of  three  or  more  persons  who  shall 
aid  or  promote  the  success  or  defeat  of  a  political  party  or 
principle  in  a  public  election  or  shall  aid  or  take  part  in  the 
nomination,  election  or  defeat  of  a  candidate  for  public 
office.  The  term  "Political  committee"  otherwise  shall 
apply  only  to  a  committee  elected  in  pursuance  of  this  act. 

"Political  convention"  shall  apply  only  to  a  convention 
called  and  held  in  pursuance  of  this  act. 

"Political  party"  shall  apply  to  a  party  which  at  the 
preceding  annual  state  election  polled  for  governor  at  least 


GENERAL  PROVISIONS. 

three  per  cent  of  the  entire  vote  cast  in  the  commonwealth 
for  that  office,  but  when  a  candidate  for  governor  receives 
two  or  more  nominations  for  that  office,  "political  party" 
shall  for  the  purpose  of  determining  the  status  of  the  parties 
making  such  nominations  be  .defined  as  a  political  party 
which  at  the  preceding  primary  held  for  the  nomination 
of  candidates  for  state  offices  nominated  such  candidate 
and  polled  for  nomination  for  governor  at  least  three  per 
cent  of  the  entire  vote  cast  in  said  primary  in  the  common- 
wealth for  nomination  for  that  office. 

"Polling  place"  shall  apply  to  a  room  or  place  provided 
by  a  city  or  town  for  a  primary,,  caucus  or  election. 

"Presiding  officer"  shall  apply  to  the  warden  or  chair- 
man at  a  caucus,  to  the  warden,  chairman  of  the  selectmen, 
moderator,  moderator  pro  tempore  or  town  clerk  in  charge 
of  a  polling  place  at  a  primary  or  election,  or  to  a  justice 
of  the  peace  acting  as  moderator  at  a  town  meeting;  or, 
in  the  absence  of  any  such  officer,  to  the  deputy  warden 
or  the  clerk  or  senior  inspector  or  senior  selectmen  present 
who  shall  have  charge  of  a  polling  place. 

"Primary"  shall  apply  to  a  joint  meeting  of  political 
or  municipal  parties  held  under  the  provisions  of  this  act 
relating  to  primaries. 

"Primary  officers"  shall  apply  to  all  election  officers 
when  taking  part  in  the  conduct  of  primaries. 

"Registrars"  shall  mean  the  board  of  registrars  of  voters 
of  a  city  or  town  or  the  board  of  election  commissioners 
of  the  city  of  Boston,  when  applicable. 

"State  election"  shall  apply  to  any  election  held  for  the 
choice  of  a  national,  state,  district  or  county  officer  by  the 
voters,  whether  for  a  full  term,  or  for  the  filling  of  a  vacancy. 

"State  officer"  shall  apply  to  any  person  to  be  chosen 
at  a  state  election. 

"Town  election"  shall  apply  to  any  meeting  held  for  the 
election  of  town  officers  by  the  voters,  whether  for  a  full 
term  or  for  the  filling  of  a  vacancy. 

"Town  elections  or  meetings  at  which  official  ballots 
are  used"  shall  be  construed  to  mean  town  elections  or 
meetings  in  towns  to  which  section  four  hundred  and  thirty- 
two  applies. 

"Town  officer"  shall  apply  to  any  person  to  be  chosen 
at  a  town  meeting. 

"Two  leading  political  parties"  shall  apply  to  the  political 
parties  which  elect  the  highest  and  next  highest  number 


8 


GENERAL  PROVISIONS. 


Results  of 
elections,  how 
determined. 
1907,  560,  §  2. 


Elections  in 
cities  to  be 
on  Tuesdays. 
1907,  560,  §  3. 

Time,  how 
computed  in 
election  laws. 
1907,  560  §  4. 
1910,  44. 


Time  to  be 
allowed  for 
voting  of 
employees. 
1907,  560,  §  5. 


Sale,  etc.,  of 
intoxicating 
liquors  on 
election  days. 
1907,  560,  §  6. 


of  members  of  the  general  court  at  the  preceding  annual 
state  election. 

"Voter"  shall  mean  a  registered  male  voter. 

SECTION  2.  In  all  elections  of  civil  officers  by  the  people, 
the  person  receiving  the  highest  number  of  votes  for  an 
office  shall  be  deemed  and  declared  to  be  elected  to  such 
office;  and  if  two  or  more  persons  are  to  be  elected  to  the 
same  office,  the  several  persons,  to  the  number  to  be  chosen 
to  such  office,  receiving  the  highest  number  of  votes,  shall 
be  deemed  and  declared  to  be  elected;  but  persons  receiving 
the  same  number  of  votes  shall  not  be  deemed  to  be  elected 
if  thereby  a  greater  number  would  be  elected  than  are  by 
law  to  be  chosen. 

SECTION  3.  All  elections  in  cities  which  by  charter  or 
statute  are  to  be  held  on  a  Monday,  shall  be  held  on  the 
Tuesday  next  succeeding  such  Monday. 

SECTION  4.  In  computing  the  period  of  time  prescribed 
in  any  statute  relating  to  primaries,  caucuses  or  elections, 
Sundays  and  holidays  shall  generally  be  included;  but 
when  the  last  day  of  such  period  falls  on  a  Sunday  or  on  a 
holiday,  the  succeeding  day  shall  be  considered  the  final 
day  of  such  period;  and  when  the  first  day  of  such  period 
falls  on  a  Sunday  or  on  a  holiday,  the  day  preceding  shall 
be  considered  the  first  day  of  the  period.  Whenever  the 
day  of  the  week  designated  for  a  primary,  caucus  or  election 
falls  upon  a  holiday,  said  primary,  caucus  or  election  shall 
be  held  on  the  day  succeeding  said  holiday. 

SECTION  5.  No  person  entitled  to  vote  at  an  election 
shall,  upon  the  day  of  any  such  election,  be  employed  in 
any  manufacturing,  mechanical  or  mercantile  establishment 
during  the  period  of  two  hours  after  the  opening  of  the 
polls  in  the  voting  precinct,  ward  or  town  in  which  he  is 
entitled  to  vote,  if  he  shall  make  application  for  leave  of 
absence  during  such  period. 

SECTION  6.  No  common  victualler  having  a  license 
of  the  first,  second  or  third  class  for  the  sale  of  intoxicating 
liquors  and  no  person,  other  than  a  wholesale  druggist, 
having  a  license  therefor  of  the  fourth  or  fifth  class  shall 
sell,  give  away  or  deliver  on  the  licensed  premises  any  such 
liquors  on  the  day  on  which  a  state,  city  or  annual  town 
election  is  held  in  the  city  or  town  in  which  such  premises 
are  situated;  and  no  innkeeper  having  a  license  for  the 
sale  of  intoxicating  liquors  shall,  on  the  day  of  any  such 
election,  sell,  give  away  or  deliver  in  his  inn  any  such  liquors 


GENERAL  PROVISIONS.  9 

to  other  than  persons  who  have  resorted  to  his  inn  for  food 
or  lodging;  but  the  provisions  of  this  section  shall  not 
apply,  in  case  of  an  election  held  in  a  city  on  a  day  other 
than  that  of  the  annual  city  election  therein,  to  wards  in 
which  no  election  is  held. 

SECTION  7.    All  lists,  notices  and  copies  of  laws  relating  posting  of 
to  primaries  or  elections,  required  by  law  to  be  posted,  l^a>  noticeSf 
shall  be  posted  at  the  places  in  which  the  voting  lists  are  1907-  560«  $  ?• 
required  by  law  to  be  posted,  or  as  near  as  may  be  thereto. 

SECTION  8.  All  the  powers  and  duties  relating  to  primaries  Election  com- 
or  elections  by  law  vested  in  and  imposed  upon  the  mayor 
and  aldermen  or  either  of  them,  the  city  clerk  or  the  board 
of  registrars  of  voters  in  cities,  excepting  the  power  and 
duty  of  giving  notice  of  elections,  and  fixing  the  days  and 
hours  of  holding  the  same,  shall,  in  the  city  of  Boston,  be 
vested  in  and  performed  by  the  board  of  election  commis- 
sioners of  said  city,  who  shall  be  subject  to  all  penalties 
prescribed  for  failure  to  perform  the  said  duties. 

SECTION  9.    The  board  of  aldermen  of  a  city,  in  Boston  Ballot  boxes, 
the  election   commissioners,   or  the   selectmen   of  a  town  atctoru£!latl° 
may  make  regulations  not  inconsistent  with  the  provisions  1907f  560>  §  9- 
of  this  act  relative  to  the  use  of  ballot  boxes  and  seals, 
counting  and  other  apparatus,  the  receiving  of  ballots  and 
the  counting  and  returning  of  votes. 

SECTION  10.  If,  in  a  criminal  prosecution  for  the  viola-  Registration, 
tion  of  any  law  relating  to  the  assessment,  qualification  or 
registration  of  voters,  or  to  voting  lists  or  ballots  or  matters 
pertaining  thereto,  the  defendant  relies  upon  the  invalidity,  j907-  5™> §  10- 
informality  or  irregularity  of  such  assessment,  qualification 
or  registration,  or  of  such  voting  lists  or  ballots,  or  matters 
pertaining  thereto,  he  shall  prove  such  invalidity,  irregular- 
ity or  informality;  and  until  such  proof,  the  presumption 
shall  be  that  such  assessment,  qualification  or  registration, 
or  such  voting  lists  or  ballots  or  matters  pertaining  thereto, 
are  valid,  formal  and  regular,  and  in  accordance  with  law; 
but  the  validity,  regularity  or  formality  of  such  assessment, 
qualification  or  registration  of  voters,  or  of  such  voting 
lists  or  ballots,  or  matters  pertaining  thereto,  may  also  be 
proved  in  any  other  legal  manner. 

SECTION  11.     If,  in  a  criminal  prosecution  for  the  viola-  Primary, 
tion  of  any  law  relating  to  primaries,  caucuses  or  elections  32Sn°L  be 
or  matters  pertaining  thereto,  the  defendant  relies  upon  the  deemed  regular 

,.  ,..          .  ,       .7  .     »  ,.,  in  criminal 

invalidity,  irregularity  or  informality  or  any  primary,  cau-  prosecution. 
cus  or  election,  or  upon  the  failure  or  neglect  of  any  officer  1907>  56°' §  "' 


10  QUALIFICATIONS  OF  VOTERS. 

or  person  to  do  any  act  in  relation  to  any  primary,  caucus 
or  election  or  matters  pertaining  thereto,  he  shall  prove 
such  invalidity,  irregularity,  informality,  failure  or  neglect; 
and  until  such  proof,  the  presumption  shall  be  that  such 
primary,  caucus  or  election  or  matters  pertaining  thereto 
were  valid,  regular  and  formal  and  that  such  officer  or 
person  acted  as  prescribed  by  law.  The  testimony  of  the 
clerk  of  the  city  or  town,  or  in  Boston  the  election  commis- 
sioners, wherein  it  is  alleged  that  such  election  was  held, 
or  of  the  presiding  officer,  secretary  or  clerk  of  such  primary 
or  caucus,  that  such  primary,  caucus  or  election  was  actually 
held,  shall  be  prima  facie  evidence  that  the  same  was  regularly 
and  duly  held;  but  the  validity,  regularity  or  formality 
of  such  primary,  caucus  or  election  or  matters  pertaining 
thereto  may  also  be  proved  in  any  other  legal  manner. 

Qualifications  of  Voters. 
Quaiiecations         SECTION  12.     Every   male   citizen   of   twenty-one   years 

of  male  voters.  ,      . 

1907, 560,  §  12.  of  age  or  upwards,  not  being  a  pauper  or  person  under 
guardianship,  who  is  able  to  read  the  constitution  of  the 
commonwealth  in  the  English  language  and  to  write  his 
name,  and  who  has  resided  within  the  commonwealth  one 
year  and  within  the  city  or  town  in  which  he  claims  a  right 
to  vote,  six  calendar  months  last  preceding  a  state,  city  or 
town  election,  may  have  his  name  entered  upon  the  list 
of  voters  in  such  city  or  town,  and  shall  have  the  right  to 
vote  therein  in  any  such  election  or  in  any  meeting  held  for 
the  transaction  of  town  affairs  upon  complying  with  the 
requirements  hereinafter  set  forth;  and,  except  as  above 
provided,  no  male  person  shall  have  his  name  entered  upon 

Certain  the  list  of  voters  or  have  the  right  to  vote,  except  that  no 

person  who  is  prevented  from  reading  or  writing  as  aforesaid 
by  a  physical  disability,  or  who  had  the  right  to  vote  on  the 
first  day  of  May  in  the  year  eighteen  hundred  and  fifty- 
seven,  shall,  if  otherwise  qualified,  be  deprived  of  the  right 
to  vote  by  reason  of  not  being  able  so  to  read  or  write;  and 
no  person  who,  having  served  in  the  army  or  navy  of  the 
United  States  in  the  time  of  war,  has  been  honorably  dis- 
charged from  such  service,  if  otherwise  qualified  to  vote, 
shall  be  disqualified  therefor  on  account  of  receiving  or 
having  received  aid  from  any  city  or  town;  and  further, 
no  person,  otherwise  qualified  to  vote  for  national  or  state 
officers  shall,  by  reason  of  a  change  of  residence  within  the 
commonwealth,  be  disqualified  from  voting  for  such  officers 


ASSESSMENT  OF  POLL  TAXES,  ETC.  11 

in  the  city  or  town  from  which  he  has  removed  his  residence 
until  the  expiration  of  six  calendar  months  from  the  time 
of  such  removal. 

SECTION  13.     Every  female  citizen  having  the  qualifica-  Qualifications 
tions  of  a  male  voter  required  by  the  preceding  section  may  votere.ale 
have  her  name  entered  upon  the  list  of  voters  for  school  1907>  560>  §  13- 
committee,  and  shall  have  the  right  to  vote  for  members 
of  the  school  committee  upon  complying  with  the  require- 
ments hereinafter  set  forth. 

SECTION  14.     A  person  qualified  to  vote  in  a  city  or  town  piace  of 
divided  into  wards  or  voting  precincts  shall  be  registered  anTSing. 
and  be  entitled  to  vote  in  the  ward  or  voting  precinct  in  Jjjjg;  J2J;  f  \^ 
which  he  resided   on  the  first  day  of  April  preceding  the 
election,  or,  if  he  became  an  inhabitant  of  such  city  or  town 
after  such  first  day  of  April,  in  the  ward  or  voting  precinct 
in  which  he  first  became  a  resident. 

Assessment  of  Poll  Taxes  and  Lists  of  Persons  Assessed. 

SECTION  15.    The  assessors,  assistant  assessors,  or  one  Assessors  to 
or  more  of  them,  shall  annually,  in  April  or  May,  visit 
every  building  in  their  respective  cities  and  towns  and,  p 
after  diligent  inquiry,  shall  make  true  lists  containing,  as  }jjjg-  |j-  j  }5- 
nearly  as  they  can  ascertain,  the  name,  age,  occupation  and  44°.'§§  2<>5-  ' 
residence,  on  the  first  day  of  April  in  the  current  year,  and 
the  residence  on  the  first  day  of  April  in  the  preceding  year, 
of  every  male  person  twenty  years  of  age  or  upwards,  residing 
in  their  respective  cities  and  towns,  liable  to  be  assessed 
for  a  poll  tax;  and,  except  in  Boston,  shall  inquire  at  the  TO  make  lists 
residences  of  the  women  voters  whose  names  are  contained  ^to?™11 
in  the  list  transmitted  to  them  by  the  registrars  under  the 
provisions  of  section  forty-four  whether  such  women  voters 
are  resident  thereat,  and  shall  thereupon  make  true  lists  of 
the  women  voters  found  by  them. 

Any  inmate  of  the  Soldiers'  Home  in  the  city  of  Chelsea  inmates  of 
shall  have  the  same  right  as  any  other  resident  of  that  city  mSj»'  E 
to  be  assessed  and  to  vote  therein.  ^SSfn  and 

The  assessors  shall,  upon  the  personal  application  of  an  Chelsea- 
assessed  person  for  the  correction  of  any  error  in  their  original  eomet  emn 
lists,  and  whenever  informed  of  any  such  error,  make  due 
investigation,  and,  upon  proof  thereof,  correct  the  same  on 
their  books.     When  informed  of  the  omission  of  the  name 
of  a  person  who  is  averred  to  have  lived  in  the  city  or  town 
on  the  first  day  of  April  in  the  current  year,  and  to  have 


12 


ASSESSMENT  OF  POLL  TAXES,  ETC. 


Applications, 
etc.,  to  be 
preserved  for 
two  yeara, 
etc. 

Except  in 
Boston  to 
transmit  to 
registrars  and 
collectors,  lists, 
etc. 
1907,  560,  §  16. 


Assessors  of 
cities,  except 
Boston,  and 
certain  towns 
to  prepare 
street  lists, 
etc. 

1907,  560,  §  17. 
1909,492. 


Lists  of 
assessed  polls 
to  be  posted 
in  certain 
towns. 


May  be  ar- 
ranged alpha- 
betically in 
certain  towns. 

Form  and 
contents  of 
street  lists. 
1907,  560,  §  18. 
1909,  440,  §  2. 


been  assessed  there  in  the  preceding  year,  they  shall  make 
due  investigation,  and,  upon  proof  thereof,  supply  the 
omission  on  their  books,  and,  except  in  Boston,  give  immedi- 
ate notice  thereof  to  the  registrars  of  voters.  They  shall 
cause  all  applications,  certificates  and  affidavits  received 
by  them  under  this  section  to  be  preserved  for  two  years. 

SECTION  16.  The  assessors,  except  in  Boston,  shall  from 
time  to  time,  and  before  the  fifteenth  day  of  June  in  each 
year,  transmit  to  the  registrars  of  voters  the  lists  made  as 
provided  in  the  preceding  section,  or  certified  copies  thereof, 
and  shall  promptly  transmit  to  the  registrars  and  to  the 
collector  of  taxes  notice  of  every  addition  to  and  correction 
in  the  lists  made  by  them.  Every  assessor,  assistant  assessor 
and  collector  of  taxes  shall  furnish  all  information  in  his 
possession  necessary  to  aid  the  registrars  in  the  performance 
of  their  duties. 

SECTION  17.  The  assessors  of  cities,  except  in  Boston, 
shall,  on  or  before  the  fifteenth  day  of  June  in  each  year, 
and  the  assessors  of  towns  having  over  five  thousand  inhabit- 
ants according  to  the  latest  census,  state  or  national,  shall, 
on  or  before  the  first  day  of  July  in  each  year,  prepare  street 
lists  containing  the  names  of  all  persons  assessed  by  them 
for  poll  taxes  for  the  current  year.  Such  lists  for  cities 
and  for  towns  divided  into  voting  precincts  shall  be  arranged 
by  voting  precincts.  They  shall  print  such  lists  in  pamphlet 
form,  shall  deliver  to  the  registrars  as  many  copies  thereof 
as  they  may  require,  and  shall  hold  the  remaining  copies 
for  public  distribution.  In  all  other  towns  they  shall,  on 
or  before  the  first  day  of  July  in  each  year,  cause  lists  of  all 
persons  assessed  therein  for  poll  taxes  to  be  prepared  and 
conspicuously  posted  in  two  or  more  public  places  in  every 
such  town.  In  towns  not  divided  into  voting  precincts 
such  lists  may  be  arranged  alphabetically,  according  to  the 
names  of  the  persons  on  the  list,  or  by  streets. 

SECTION  18.  Except  in  Boston,  the  assessors  shall  name 
or  designate  in  such  street  lists  all  buildings  used  as  resi- 
dences, in  their  order  on  the  street  where  they  are  located, 
by  giving  the  number  or  other  definite  description  of  each 
building  so  that  it  can  be  readily  identified,  and  shall  place 
opposite  to  or  under  each  number  or  other  description  of 
a  building  the  name,  age  and  occupation  of  every  person 
residing  therein  on  the  first  day  of  April  of  the  current  year 
and  assessed  for  a  poll  tax,  and  his  residence  on  the  first 
day  of  April  of  the  preceding  year. 


ASSESSMENT  OF  POLL  TAXES,  ETC.  13 

SECTION  19.     If  a  male  person  resident  in  a  city  or  town,  Assessment  of 
except  Boston,  on  the  first  day  of  April  was  not  assessed  for  [JeviwILiy* 
a  poll  tax,  he  shall,  in  order  to  establish  his  right  to  assess-  1907^560,  §  19. 
ment,  present  to  the  assessors  before  the  close  of  registration  1909>  m* 5  2* 
a  statement  under  oath  that  he  was  on  said  day  a  resident 
of  such  city  or  town  and  liable  to  pay  a  poll  tax  therein, 
and  a  list  under  oath  of  his  polls  and  estate  and  shall  also 
produce  before  the  assessors  two  witnesses,  who  shall  testify, 
under  oath,  that  they  are  voters  of  the  ward  or  town  in 
which  such  person  desires  to  be  registered  and  that  the 
statement  of  the  applicant  is  true. 

A  male  person  who  becomes  a  resident  of  a  city  or  town,  Certain 
except  Boston,  after  the  first  day  of  April  and  desires  to 
be  registered  as  a  voter  shall  present  to  the  assessors  a 
statement  under  oath  that  he  has  been  a  resident  of  such 
city  or  town  for  six  months  immediately  preceding  the 
election  at  which  he  claims  the  right  to  vote,  and  shall  pro- 
duce before  the  assessors  two  witnesses,  who  shall  testify 
under  oath  that  they  are  voters  of  the  ward  or  town  in  which 
such  person  desires  to  be  registered  and  that  the  statement 
of  the  applicant  is  true.  If  the  assessors  are  satisfied  that 
such  statement  is  true,  they  shall,  in  the  first  case,  assess 
such  applicant  for  his  polls  and  estate  and  give  him  a  certifi- 
cate of  assessment,  and  in  the  second,  give  him  a  certificate 
that  he  has  been  a  resident  in  such  city  or  town  the  six 
months  preceding  such  election,  and  forthwith  notify  the 
registrars  of  voters  of  the  city  or  town,  if  in  this  common- 
wealth, where  such  person  resided  on  the  first  of  April, 
that  they  have  given  such  certificate. 

SECTION  20.    The    assessors,    except    in    Boston,    shall  Jf^T^10 
enter  the  name  and  residence  of  each  person  thus  assessed  19<>7, 56o.  §  2°- 
or  certified  in  a  book  provided  for  that  purpose,  and  opposite 
to  each  name,  the  names,   occupations  and  residences  of 
the  persons  who  have  testified  as  above  provided. 

In  every  place  where  voters  are  registered,  the  registrars,  Copies  of 
in  Boston  the  election  commissioners,  and  in  every  place 
where  oaths  are  administered  as  required  by  this  act  the 
assessors,  shall  post  in  a  conspicuous  place  a  copy  of  sections 
four  hundred  and  sixty  and  four  hundred  and  sixty-two 
printed  on  white  paper  with  black  ink,  in  type  not  less  than 
one  quarter  of  an  inch  wide. 

SECTION  21.    The  assessors  shall  hold  such  day  and  such  session  of 
evening  sessions  as  shall  be  necessary  to  carry  out  the  pro-  1907,  seo,  §  21. 
visions  of  the  two  preceding  sections. 


14 


REGISTRARS  OF  VOTERS. 


Assessments 
to  be  subject 
to  R.  L.  12, 
§  74. 
1907,  560,  §  22. 


Names,  etc., 
of  certain 
persons  to  be 
sent  to 
registrars  or 
election  com- 
missioners. 
1907,  560,  §  23. 


Registrars  in 

certain  cities, 

appointment, 

term  of  office, 

etc. 

1907,  560,  §  24. 

1909,  440,  §  6. 


SECTION  22.  All  assessments  made  in  accordance  with 
section  nineteen  shall  be  subject  to  the  provisions  of  section 
seventy-four  of  chapter  twelve  of  the  Revised  Laws  and 
shall  be  entered  in  the  tax  list  of  the  collector  of  taxes  and 
be  collected  by  him  according  to  law. 

SECTION  23.  The  city  or  town  clerk  or  registrar  of  deaths 
in  each  city  or  town  shall,  on  the  first  day  of  every  month, 
and  also  two  days  before  every  election,  transmit  to  the 
registrars  of  voters  a  list  of  the  names  of  all  residents  of 
such  city  or  town  of  twenty-one  years  of  age  or  upwards 
who  died  in  the  preceding  month  or  since  the  date  of  the 
list  previously  transmitted,  with  a  statement  of  the  ward, 
street  and  number  therein,  if  any,  where  such  person  resided 
at  his  death.  The  prison  commissioners  of  Massachusetts, 
the  penal  institutions  commissioner  of  Boston,  the  pauper 
institutions  trustees  of  Boston,  and  the  insane  hospital 
trustees  of  Boston  shall,  ten  days  before  every  state  election 
in  Boston,  transmit  to  the  election  commissioners  of  Boston 
the  names  of  all  male  persons  of  twenty-one  years  of  age 
or  upwards  who  had  a  last  known  residence  in  Boston,  and 
also  ten  days  before  every  city  election  in  that  city,  the  names 
of  all  male  and  female  persons  of  said  age  or  upwards  who 
had  such  residence  and  who,  at  said  respective  dates,  are 
inmates  of  the  institutions  under  their  charge,  respectively, 
except  those  whose  terms  of  confinement  expire  before 
the  date  of  such  election.  Such  commissioners  and  trustees 
shall  make  diligent  inquiry  as  to  the  age  and  residence  of 
inmates  of  such  institutions,  and  shall,  in  the  case  of  those 
coming  within  the  provisions  of  this  section,  transmit  to 
the  election  commissioners  the  names  and  ages  of  such 
persons  and  their  residences  by  street  and  number,  wherever 
it  is  possible  to  do  so.  The  election  commissioners  shall 
thereupon  make  a  memorandum  in  red  ink  opposite  the 
names  of  such  of  said  persons  as  appear  upon  the  voting 
lists,  stating  the  institutions  in  which  such  persons  are  then 
confined,  and  copies  of  the  voting  lists  containing  such 
memoranda  shall  forthwith  be  sent  by  them  to  the  election 
officers. 

Registrars  of  Voters. 

SECTION  24.  In  every  city,  except  Boston,  which,  by 
vote  of  the  city  council,  approved  by  the  mayor,  accepts 
the  provisions  of  this  section,  or  which  has  accepted  the 
corresponding  provisions  of  earlier  laws,  or  which  is  now 


REGISTRARS  OF  VOTERS.  15 

subject  to  similar  provisions  of  law,  there  shall  be  a  board 

of  registrars  of  voters  consisting  of  four  persons  who  shall 

be  appointed  by  the  mayor  with  the  approval  of  the  board 

of  aldermen.     When  a  board  of  registrars  is  first  appointed 

after  the  acceptance  of  the  provisions  aforesaid,  two  registrars 

shall  be  appointed  in  February  or  March  next  succeeding 

such  acceptance  for  terms  respectively  of  three  and  four 

years,  beginning  with  the  first  day  of  April  next  ensuing. 

The  city  clerk  of  such  city  shall  cease  to  be  a  member  of  the  city  clerk  to 

board  of  registrars  on  such  first  day  of  April,  but  the  remain- 

ing  two  members  of  the  existing  board  of  registrars  of  such 

city  whose  terms  do  not  then  expire  shall  continue  to  hold 

office  for  their  respective  terms  of  one  and  two  years.     In 

every -year  succeeding  such  first  appointments,  the  mayor 

shall,  in  February  or  March,  subject  to  the  approval  of 

the  board  of  aldermen,  appoint  one  person  to  be  a  registrar 

of  voters  for  the  term  of  four  years,  beginning  with  the 

first  day  of  April  next  ensuing.     The  board  of  registrars  cicrktobe 

so  constituted   shall   annually  in  April  before  transacting  el 

any  other  business,  elect  one  of  its  members  as  clerk,  who 

shall  perform  all  the  duties  required  by  law  of  a  city  clerk 

when  acting  as  clerk  of  the  board  of  registrars. 

SECTION  25.     In  every  city  except  Boston  which  has  not  Registrars  in 
accepted  the  provisions  of  the  preceding  section  or  of  corre-  and  tow™, 
sponding  provisions  of  earlier  laws,  and  is  not  now  subject  term1?!  ™ffii'f 
to  similar  provisions  of  law,  and  in  every  town  having  three  f^7t  560>  5  35. 
hundred  voters,  as  provided  in  the  following  section,  there  J909- 440>  §§  2> 
shall  be  a  board  of  registrars  of  voters  consisting  of  the  city 
or  town  clerk  and  three  other  persons  who  shall,  in  a  city, 
be  appointed  by  the  mayor,  with  the  approval  of  the  alder- 
men, and  in  a  town,  by  a  writing  signed  by  the  selectmen 
and  filed  with  the  town  clerk.     When  a  board  of  registrars 
is  first  appointed,  the  registrars  shall  be  appointed  in  February 
or  March  for  terms  respectively  of  one,  two  and  three  years, 
beginning  with  the  first  day  of  April  next  ensuing.     In 
February  or  March  in  every  year  succeeding  the  original 
appointment,  one  registrar  shall  be  appointed  for  the  term 
of  three  years,  beginning  with  the  first  day  of  April  next 
ensuing. 

SECTION  26.     In  every  town  having  less  than  three  hun-  Registrars  in 
dred  voters  registered  therein  for  the  annual  state  election,  Bo7?MoTT». 
the  selectmen  and  the  town  clerk  shall  constitute  a  board  1909>  440>  §  2- 
of  registrars  of  voters;  but  when  three  hundred  voters  shall 
be  so  registered,  a  board  of  registrars  shall,  in  the  succeeding 


16 


REGISTRARS  OF  VOTERS. 


Registrars, 
political  repre- 
sentation. 
1907,  560,  §  27. 


Equal  repre- 
sentation to  be 
preserved. 
1907,  560,  §  28. 


Temporary 
Vacancies. 
1907,  560,  §  29. 


Registrars, 

oath  of  office, 

compensation, 

etc. 

1907,  560,  5  30. 


year  be  appointed,  as  provided  in  the  preceding  section, 
and  shall  continue  to  perform  the  duties  of  registration 
therein  until,  for  three  successive  years,  the  number  of 
voters  shall  be  less  than  three  hundred,  whereupon,  on  the 
first  day  of  April  following  the  annual  state  election  in  such 
third  year,  such  board  shall  cease  to  exist  and  thereafter 
the  selectmen  and  town  clerk  shall  constitute  a  board  of 
registrars  of  voters. 

SECTION  27.  In  the  original  and  in  each  succeeding 
appointment  and  in  the  filling  of  vacancies,  registrars  of 
voters  shall  be  so  appointed  that  the  members  of  the  board 
shall,  as  equally  as  may  be,  represent  the  two  leading  political 
parties  at  the  preceding  annual  state  elect  on,  and  in  no  case 
shall  an  appointment  be  so  made  as  to  cause  a  board  to 
consist  of  more  than  two  members  who,  including  the  city 
or  town  clerk,  are  of  the  same  political  party. 

SECTION  28.  If,  upon  written  complaint  to  the  mayor 
or  to  the  selectmen,  it  shall  appear,  after  notice  and  hearing, 
that  the  city  or  town  clerk,  when  a  member  of  the  board 
of  registrars,  and  two  registrars  are  of  the  same  political 
party,  the  mayor  or  selectmen,  as  the  case  may  be,  shall 
remove  from  office  the  one  of  such  two  registrars  having  the 
shorter  term.  If,  upon  like  proceedings,  it  shall  appear, 
after  notice  and  hearing,  that  a  registrar  of  voters,  other 
than  the  city  or  town  clerk,  has  ceased  to  act  with  the  political 
party  which  he  was  appointed  to  represent,  the  mayor  or 
selectmen,  as  the  case  may  be,  shall  remove  him  from  office. 

SECTION  29.  If  a  member  of  the  board  of  registrars 
shall  be  disabled  by  illness  or  other  cause  from  performing 
the  duties  of  his  office,  or  shall,  at  the  time  of  any  meeting 
of  said  board,  be  absent  from  the  city  or  town,  the  mayor 
or  selectmen  may,  upon  the  request  in  writing  of  a  majority 
of  the  remaining  members  of  the  board,  appoint  in  writing 
some  person  to  fill  such  temporary  vacancy,  who  shall  be 
of  the  same  political  party  as  the  member  whose  position 
he  is  appointed  to  fill.  Such  temporary  registrar  shall 
perform  the  duties  and  be  subject  to  the  requirements  and 
penalties  provided  by  law  for  a  registrar  of  voters. 

SECTION  30.  The  registrars  and  assistant  registrars  herein 
provided  for  shall,  before  entering  upon  their  official  duties, 
each  take  and  subscribe  an  oath  faithfully  to  perform  the 
same.  They  shall  receive  such  compensation  for  their 
services  as  the  city  council  or  selectmen  may  determine; 
but  such  compensation  shall  not  be  regulated  by  the  number 


REGISTRARS  OF  VOTERS.  17 

of  names  registered  by  them,  and  a  reduction  of  compensa- 
tion shall  apply  only  to  registrars  appointed  thereafter. 
The  city  council  or  selectmen  shall  provide  office  room  for  office  room, 
the  registrars,  and  such  aid  as  they  may  need.  The  city 
or  town  clerk,  when  a  member  of  the  board  of  registrars, 
shall  act  as  clerk  thereof,  shall  keep  a  full  and  accurate 
record  of  its  proceedings  and  shall  cause  such  notices  as  the 
registrars  may  require  to  be  properly  served  or  posted. 

SECTION  31.     Each  registrar  shall,  unless  sooner  removed, 
hold  his  office  for  the  term  for  which  he  is  appointed  and  19°7, 56°.  §  3i. 
until  his  successor  is  appointed  and  qualified. 

SECTION  32.    A  city  council,  except  in  the  city  of  Boston,  Assistant 
may  authorize  the  registrars  to  appoint  assistant  registrars 
for  the  term  of  one  year,  beginning  with  the  first  day  of 
October,  unless  sooner  removed  by  the  registrars,  and  they        56Q  §  32 
shall,  as  nearly  as  may  be,  equally  represent  the  different 
political  parties. 

SECTION  33.     The  registrars   in   a   city   authorizing  the  powers  and 
appointment  of  assistant  registrars  may  cause  the  duties  i$yfyffi  33. 
devolving  upon  a  single  registrar  to  be  performed  by  one 
or  two  assistant  registrars,  and  they  may  designate  two 
assistant  registrars,  so  far  as  practicable  of  different  political 
parties,  for  the  sessions  required  by  law  to  be  held  outside 
of  their  principal  office.     The  registrars  shall  make  suitable  Registrars  to 
regulations  for  the  government  of  the  assistant  registrars,  SjjJE*1* 
whose  doings  shall  be  subject  to  their  revision  and  accept- 
ance.    Assistant  registrars   shall  be   subject  to  the   same 
obligations    and    penalties    as    registrars.     Registrars    may 
remove  an  assistant  registrar,  and  may  fill  any  vacancy 
in  the  number  of  assistant  registrars  for  the  remainder  of 
the  term. 

SECTION  34.     No  person  shall  be  appointed  a  registrar  Registrars, 
or  assistant  registrar  who  is  not  a  voter  of  the  city  or  town  iS^JJJe? 
for  which  he  is  appointed,  who  holds  an  office  by  election  Jj^ggo  §  34 
or  appointment  under  the  government  jof  the  United  States 
or  of  the  commonwealth,  except  as  a  justice  of  the  peace, 
notary  public,  or  an  officer  of  the  state  militia,  or  who  holds 
an  office  in  the  city  or  town  for  which  he  is  appointed  either 
by  election  or  by  direct  appointment  of  the  mayor  or  of 
the  selectmen.     The  acceptance  by  a  registrar  or  assistant 
registrar  of  an  office  which  he  is  prohibited  from  holding 
shall  vacate  his  office  as  registrar  or  assistant  registrar. 


18 


REGISTRATION  OF  VOTERS. 


Rooms  for 
registration. 
1907,  560,  §  35. 


Sessions  of 
registrars. 
1907,  560,  §  36. 


Sessions  before 
primaries. 


Sessions  in 
cities. 


Sessions  in 
towns. 


Sessions  to  be 
held  in  certain 
villages  or 
localities  upon 
petition. 


Registration  of  Voters. 

SECTION  35.  Every  city  and  town  shall  provide  the 
registrars  with  suitable  rooms  in  which  to  hold  their  official 
sessions. 

SECTION  36.  The  registrars  shall  hold  such  day  and 
such  evening  sessions  as  the  town  by  a  by-law  or  the  city 
by  an  ordinance  shall  prescribe,  and  such  other  sessions 
as  they  deem  necessary. 

They  shall  hold  at  least  one  session  at  some  suitable  and 
convenient  place  in  every  city  or  town  on  or  before  the 
Saturday  last  preceding  a  primary,  except  a  primary  preced- 
ing a  special  election,  to  give  an  opportunity  to  qualified 
voters  to  register. 

In  cities,  they  shall  hold  a  continuous  session  from  twelve 
o'clock  noon  until  ten  o'clock  in  the  evening  on  the  twentieth 
day  preceding  the  annual  state  election,  and  a  like  con- 
tinuous session  on  the  twentieth  day  preceding  the  annual 
city  election. 

In  towns,  they  shall  hold  a  continuous  session  from  twelve 
o'clock  noon  until  ten  o'clock  in  the  evening  on  the  Saturday 
last  but  one  preceding  the  annual  state  election,  and  a  like 
continuous  session  on  the  Saturday  last  but  one  preceding 
the  annual  town  meeting.  In  towns  divided  into  voting 
precincts  they  shall,  not  more  than  twenty  days  before  the 
annual  state  election  and  also  not  more  than  twenty  days 
before  the  annual  town  meeting,  but  in  each  case  on  or 
before  the  last  day  fixed  for  registration,  hold  at  least  one 
session  at  some  suitable  place  within  the  limits  of  each 
voting  precinct.  In  towns  not  divided  into  voting  precincts, 
they  shall,  not  more  than  twenty  days  before  the  annual 
state  election  and  also  not  more  than  twenty  days  before  the 
annual  town  meeting,  but  in  each  case  on  or  before  the  last 
day  fixed  for  registration,  hold  sessions  in  one  or  more  suitable 
places.  If,  in  any  such  town  ten  or  more  voters  residing 
in  or  near  a  village  or  locality  distant  two  or  more  miles  from 
the  usual  place  of  registration  shall,  not  less  than  eighteen 
days  before  the  annual  state  election  or  the  annual  town 
meeting,  file  a  petition  with  the  town  clerk  stating  that  in 
such  village  or  locality  there  are  at  least  ten  citizens  who 
are  entitled  and  desire  to  be  registered,  the  registrars  shall 
hold  a  session  at  some  suitable  place  in  such  village  or  locality 
before  the  last  day  fixed  for  registration.  The  time  and 


REGISTRATION  OF  VOTERS.  19 

place  of  registration  shall  be  the  same  for  male  and  female 
applicants. 

SECTION  37.  In  every  city,  registration  shall  cease  at  when 
ten  o'clock  in  the  evening  on  the  twentieth  day  preceding  S^T 
the  annual  state  election,  and  at  ten  o'clock  in  the  evening  1907' 560' §  37< 
on  the  twentieth  day  preceding  the  annual  city  election. 
In  every  town,  registration  shall  cease  at  ten  o'clock  in  the 
evening  on  the  Saturday  last  but  one  preceding  the  annual 
state  election,  and  at  ten  o'clock  in  the  evening  on  the 
Saturday  last  but  one  preceding  the  annual  town  meeting. 

SECTION  38.     The  registrars  shall,  in  some  suitable  place,  Registration 
hold  a  continuous  session  from  twelve  o'clock  noon  until  SLtioS?1 
ten  o'clock  in  the  evening,  on  the  fourth  day,  or  in  Boston  1907>  560f  * 38> 
on  the  seventh  day,  preceding  a  special  election.     Registra- 
tion shall  cease  at  ten  o'clock  in  the  evening  of  the  day  on 
which  such  session  is  held. 

SECTION  39.  If  the  final  day  for  registration  of  voters  Registration 
falls  on  Sunday  or  on  a  holiday,  the  day  preceding  such  !LhynfafiiiTon 
Sunday  or  holiday  shall  be  the  final  day  for  such  registration.  hofidJy.°r  a 

SECTION  40.    Any  registrar  may,  at  a  place  appointed  ^7'^;t§ra3r9' 
for  registration,  on  the  days  and  during  the  hours  designated  n£y  2SSS 
for  the  purpose,  receive  applications  for  registration  and  JS^sSu  So!' 
examine  applicants  and  witnesses  under  oath;  but  all  doings 
of  one  registrar  shall  be  subject  to  the  revision  and  accept- 
ance of  the  board. 

SECTION  41.    The  registrars  shall  not,  after  ten  o'clock  Not  to  enter 
in  the  evening  of  a  day  on  which  registration  is  to  cease,  rSSra'after 
register  any  person  as  a  voter  until  after  the  next  election,  frS>nf,  SSept, 
but  they  may  enter  or  correct  upon  the  registers  the  names  fljo^  560i  §  41 
of  persons  whose  qualifications  as  voters  have  been  examined  1909' 344>  §  2- 
between  the  preceding  thirtieth  day  of  April  and  the  close 
of  registration,  and  except  in  Boston  they  shall  compare  Notices  of 
all  notices  of  omitted  assessments  transmitted  to  them  by  ^nt? to3^633" 
the  assessors  under  the  provisions  of  section  fifteen,  with  comPared' etc- 
the  annual  register  of  voters  for  the  previous  year,  and  if 
it  appears  to  their  satisfaction  that  any  of  said  omitted 
assessments  is  that  of  a  person  entitled  to  vote  in  such 
previous  year  they  may  before  the  close  of  registration  enter 
such  name  on  the  current  annual  register.     They  shall,  in 
every  case,  require  th,e  vote  by  virtue  of  which  such  entry 
or  correction  is  made  to  be  attested  by  their  clerk. 

SECTION  42.     They  shall  post  or  publish  notices  stating  Notices  of 
the  places  and  hours  for  holding  all  sessions,  the  final  sessions  SSSSkS, 
preceding  any  election,  and  that  after  ten  o'clock  in  the  ^7  560  5  A 


20 


REGISTRATION  OF  VOTERS. 


Records  to  be 
kept  in  general 
register. 
1907,  560,  §  43. 
1909,  440,  §  2. 


Blank  books 
to  be  provided. 


evening  of  the  last  day  fixed  for  registration  they  will  not, 
until  after  the  next  election,  add  any  name  to  the  registers 
except  the  names  of  voters  examined  as  to  their  qualifications 
between  the  preceding  thirtieth  day  of  April  and  the  close 
of  registration. 

SECTION  43.  They  shall  keep  in  general  registers,  records 
of  all  persons,  male  and  female,  registered  as  qualified  to  vote 
in  the  city  or  town.  They  shall  enter  therein  the  name  of 
every  such  voter  written  in  full,  or  instead  thereof  the  sur- 
name and  first  Christian  name  or  that  name  by  which  he  is 
generally  known,  written  in  full,  and  the  initial  of  every 
other  name  which  he  may  have,  and  also  his  age,  place  of 
birth  and  residence  on  the  preceding  first  day  of  April  or  at 
the  time  of  becoming  an  inhabitant  of  the  city  or  town  after 
said  day,  the  date  of  his  registration  and  his  residence  at 
such  date,  his  occupation  and  the  place  thereof,  the  name 
and  location  of  the  court  which  has  issued  to  him  letters  of 
naturalization  and  the  date  thereof,  if  he  is  a  naturalized 
citizen,  and  any  other  particulars  necessary  fully  to  identify 
him. 

The  general  registers  shall  have  uniform  headings  in  sub- 
stantially the  following  form,  and  blank  books  suitable  for 
the  purpose  shall  be  provided  by  the  secretary  of  the  com- 
monwealth, at  cost,  to  registrars  applying  for  them. 


Form. 


April 
seque 


Pi 

hS 


nce  at  Date 
egistration. 


Annual  reg- 
ister, entries, 
arrangement, 
etc. 

1907,  560,  §  44. 
1909,  440,  §  2. 
1912,  471,  §  1. 


SECTION  44.  The  registrars  shall,  after  the  first  day  of 
April,  prepare  an  annual  register  containing  the  names  of 
all  qualified  voters  in  such  city  or  town  for  the  current  year, 
beginning  with  such  first  day  of  April.  Such  names  shall 
be  arranged  in  alphabetical  order,  and,  opposite  to  the  name 
of  each  voter,  his  residence  on  the  preceding  first  day  of 
April  or  on  any  subsequent  day  when  he  became  an  inhabit- 
ant of  the  city  or  town.  The  registrars  shall  enter  in  the 
annual  register  every  name  contained  in  the  lists  of  persons 


REGISTRATION  OF  VOTERS.  21 

assessed  for  a  poll  tax  for  the  current  year,  as  transmitted 
to  them  by  the  assessors,  giving,  as  the  residence  of  each 
person  on  the  first  day  of  April,  the  place  at  which  he  was 
assessed  a  poll  tax;  and  likewise  the  name  and  residence,  as 
aforesaid,  of  every  woman  voter  whose  name  is  contained 
in  the  list  of  women  voters  transmitted  to  them,  as  provided 
in  section  sixteen:  provided,  that  in  every  case  they  are  able  Proviso, 
to  identify  the  name  so  transmitted  to  them  as  that  of  a 
man  or  woman  whose  name  was  borne  on  the  voting  list  of 
such  city  or  town  at  the  last  preceding  election  or  town  meet- 
ing. They  shall  make  all  inquiries  and  investigations  neces-  Registrars 
sary  to  identify  such  person,  and  they  shall  not  enter  in  the 
annual  register  the  name  of  a  person  objected  to  by  any 
registrar  until  such  person  has  been  duly  notified  and  given 
an  opportunity  to  be  heard  by  them.  They  shall  forthwith 
enter  in  the  annual  register  the  name  of  every  person  whose 
qualifications  as  a  voter  have  been  determined  by  them  in 
the  current  year  and  whose  name  has  accordingly  been 
entered  in  the  general  register.  They  shall,  on  or  before  the  TO  send 
first  Monday  of  August  in  each  year,  send  notice  in  writing 
by  mail  to  each  male  voter  of  the  preceding  year  whose  name 
has  not  been  entered  in  the  annual  register  of  the  current 
year  that  his  name  has  not  been  so  entered.  They  shall 
annually,  before  the  first  day  of  April,  transmit  to  the 
assessors  a  list  of  the  women  whose  names  are  contained  men  voters, 
upon  the  register  of  voters,  with  their  residences,  as  they  etc- 
appear  on  the  register  of  the  preceding  year. 

SECTION  45.     Every  person,  male  or  female,  whose  name  Registration, 
has  not  been  entered  in  the  annual  register  in  accordance 
with  the  preceding  section,  or  section  forty-one  must,  in  . 

order  to  be  registered  as  a  voter,  apply  in  person  for  regis-  JJJJ7,  seo,  §  45. 
tration  and  prove  that  he  is  qualified  to  register. 

SECTION  46.  Every  male  applicant  for  registration,  ex-  Male  applicant 
cept  in  Boston,  whose  name  has  not  been  transmitted  to 
the  registrars  as  provided  in  section  sixteen  shall  present  a 
tax  bill  or  notice  from  the  collector  of  taxes,  or  a  certificate  1909«  44°- §  2- 
from  the  assessors  showing  that  he  was  assessed  as  a  resi- 
dent of  the  city  or  town  on  the  preceding  first  day  of  April, 
or  a  certificate  that  he  became  a  resident  therein  at  least  six 
months  preceding  the  election  at  which  he  claims  the  right 
to  vote,  and  the  same  shall  be  prima  facie  evidence  of  his 
residence.  In  Boston  every  such  applicant  whose  name  has 
not  been  transmitted  to  the  election  commissioners  as  pro- 
vided by  law  shall  present  a  certificate  from  the  listing  board 


22 


REGISTRATION  OF  VOTERS. 


Applicants  for 
registration 
to  be  examined 
under  oath,  etc 
1907,  560,  §  47. 


Registrars  to 
be  provided 
with  con- 
stitution slips. 


Applicant  to 
read  from 
slip  drawn 
from  box. 


No  person  to 
be  registered 
who  fails  to 
read  slip,  etc. 


Registration 
of  naturalized 
citizens. 
1907,  560,  §  48. 


Registration 
of  minors. 
1907,  560,  §  49. 


Applicants  to 
be  notified  of 
rejection,  etc. 
1907,  560,  §  50. 


as  provided  by  law,  and  the  same  shall  be  prima  facie  evi- 
dence of  his  residence. 

SECTION  47.  The  registrars  shall  examine  under  oath  an 
applicant  for  registration  relative  to  his  qualifications  as  a 
voter,  and  shall,  unless  he  is  prevented  by  physical  dis- 
ability, or  unless  he  had  the  right  to  vote  on  the  first  day 
of  May  in  the  year  eighteen  hundred  and  fifty-seven,  require 
him  to  write  his  name  in  the  general  register  and  to  read  in 
such  manner  as  to  show  that  he  is  neither  prompted  nor 
reciting  from  memory.  Registrars  shall  be  provided  by  the 
secretary  of  the  commonwealth  with  a  copy  of  the  constitu- 
tion of  the  commonwealth  printed  on  uniform  pasteboard 
slips,  each  containing  five  lines  of  said  constitution  printed 
in  double  small  pica  type.  The  registrars  shall  place  said 
slips  in  the  box  provided  by  the  secretary  of  the  common- 
wealth, which  shall  be  so  constructed  as  to  conceal  them  from 
view.  Each  applicant  shall  be  required  to  draw  one  of  said 
slips  from  the  box  and  read  aloud  the  five  lines  printed 
thereon,  in  full  view  and  hearing  of  the  registrars.  Each 
slip  shall  be  returned  to  the  box  immediately  after  the  test 
is  finished,  and  the  contents  of  the  box  shall  be  shaken  up 
by  a  registrar  before  another  drawing  is  made.  No  person 
failing  to  read  the  constitution  as  printed  on  the  slip  thus 
drawn  shall  be  registered  as  a  voter.  The  registrars  shall 
keep  said  slips  in  said  box  at  all  times.  The  secretary  of  the 
commonwealth  shall  upon  request  provide  new  slips  to 
replace  those  worn  out  or  lost. 

SECTION  48.  If  an  applicant  for  registration  is  a  natural- 
ized citizen,  the  registrars  shall  require  him  to  produce  for 
inspection  his  papers  of  naturalization,  and  to  make  oath 
that  he  is  the  identical  person  named  therein,  and  shall,  if 
satisfied  that  the  applicant  has  been  legally  naturalized, 
make  upon  his  papers  a  memorandum  of  the  date  of  such 
inspection.  If  papers  of  naturalization  have  once  been 
examined  and  record  thereof  made  in  the  general  register, 
the  registrars  need  not  again  require  their  production. 

SECTION  49.  If,  upon  examination,  the  registrars  are 
satisfied  that  an  applicant  for  registration  has  all  the  quali- 
fications of  a  voter,  except  that  of  age,  and  that  he  will  on 
or  before  the  day  of  the  next  election  or  town  meeting, 
attain  full  age,  they  shall  place  his  name  upon  the  registers. 

SECTION  50.  If  the  registrars  decline  to  register  the  name 
of  a  person  examined  for  registration  and  reported  to  them 
therefor  by  a  registrar,  they  shall  notify  him  of  their  refusal, 


REGISTRATION  OF  VOTERS.  23 

and  give  him  a  reasonable  opportunity  to  be  heard  by  them 
upon  his  application.  They  shall  upon  the  rejection  of  an 
applicant  forthwith  inform  him  of  such  rejection. 

SECTION  51.    The  registrars   shall,   from  time  to  time,  Revision  and 
revise   and   correct   the   general   register   and   the   current  regf3tera.a°f 
annual  register  in  accordance  with  any  facts  which  may  be  1907>  560>  §  5L 
presented  to  them.     They  shall  strike  therefrom  the  name 
of  every  deceased  person  which  has  been  transmitted  to 
them  by  the  city  or  town  clerk  or  the  registrar  of  deaths  in 
accordance  with  section  twenty-three;    but  after  the  name 
of  a  voter  has  been  placed  upon  the  current  annual  register, 
they  shall  not  change  the  place  of  residence  as  given  thereon, 
nor,  unless  the  voter  has  deceased,  strike  such  name  there- 
from, until  they  have  sent  him  a  notice  of  their  intention  so 
to  do  and  that  he  may  be  heard  on  a  certain  day  named 
therein. 

SECTION  52.  If  a  registered  voter  complains  to  the  regis-  illegal  or 
trars  or  election  commissioners,  in  writing  under  oath  in  a  regSSon. 
city  fourteen  days  at  least,  or  in  a  town  four  days  at  least,  1907>  560>  §  52> 
before  an  election  or  town  meeting,  that  the  complainant 
has  reason  to  believe  and  does  believe  that  a  certain  person 
by  him  therein  named  has  been  illegally  or  incorrectly  regis- 
tered, and  setting  forth  the  reasons  for  such  belief,  the  regis- 
trars or  election  commissioners  shall  examine  into  such  com- 
plaint, and  if  satisfied  that  there  is  sufficient  ground  therefor, 
they  shall  summon  the  person  complained  of  to  appear  before 
them  at  a  certain  place  and  time  before  the  next  election  or 
town  meeting  to  answer  to  the  matters  set  forth  in  the  com- 
plaint, and  the  substance  of  the  complaint  and  a  copy  of 
this  and  the  following  section  shall  be  set  forth  in  the  sum- 
mons. Service  of  the  summons  shall  be  made  by  an  officer  Service  of 
qualified  to  serve  civil  or  criminal  process,  not  more  than  8umr 
fourteen  nor  less  than  two  days  before  the  day  named  for 
appearance,  by  delivering  in  hand  a  copy  of  the  summons 
to  the  person  therein  summoned,  or  by  leaving  it  at  the  place 
of  alleged  illegal  or  incorrect  registration,  if  no  later  residence 
of  such  person  appears  on  the  register,  and  in  that  event  at 
such  later  residence  if  the  officer  finds  that  such  person  resides 
at  such  place  or  later  residence,  as  the  case  may  be,  or  if  he 
was  formerly  there  and  has  changed  his  residence,  then  by 
leaving  it  at  the  place  to  which  he  has  moved,  if  it  is  within 
the  officer's  jurisdiction  and  can  be  ascertained  by  inquiry 
at  such  place  or  later  residence;  but  if  the  officer  cannot 
make  personal  service,  and  cannot  ascertain  the  residence 


24 


REGISTRATION  OF  VOTERS. 


Examination 

of  persons, 

etc. 

1907,  560,  §  53. 


Notice  of 
error  to  be 
transmitted  to 


1907,  560,  §  54. 


Sessions  for 
registration 
and  records 


of  the  person  complained  of,  the  copy  of  the  summons  shall 
be  left  at  such  person's  last  residence,  if  any,  known  to  the 
officer  within  his  jurisdiction;  and  the  officer  shall  return 
the  summons  to  the  registrars  or  election  commissioners 
before  the  day  named  for  appearance,  with  the  certificate 
of  his  doings  indorsed  thereon. 

SECTION  53.  If  a  person  summoned  before  the  registrars 
or  election  commissioners  to  answer  to  such  complaint  ap- 
pears before  them,  they  shall  examine  him  under  oath,  and 
shall  receive  other  evidence  which  may  be  offered  in  regard 
to  the  matters  set  forth  in  the  complaint,  and  if  satisfied 
that  he  is  properly  registered  as  a  qualified  voter  they  shall 
enter  in  the  register  a  statement  of  their  determination  upon 
the  facts  required  for  registration.  If  the  registrars  or  elec- 
tion commissioners  are  satisfied  that  he  is  not  a  qualified 
voter  in  the  city  or  town,  they  shall  strike  his  name  from 
the  register.  If  they  are  satisfied  that,  although  he  is  a 
qualified  voter  in  the  city  or  town,  he  is  illegally  or  incor- 
rectly registered  in  a  ward  or  voting  precinct  other  than  the 
ward  or  voting  precinct  in  which  he  is  required  to  be  regis- 
tered as  provided  in  section  fourteen,  and  are  satisfied  as  to 
which  ward  or  voting  precinct  he  is  so  required  to  be  regis- 
tered in,  and  as  to  his  place  of  residence  in  such  ward  or 
voting  precinct,  they  shall  change  his  place  of  residence  as 
given  on  the  register  accordingly.  If  a  person  duly  sum- 
moned as  aforesaid  does  not  appear  as  directed  in  the  sum- 
mons, the  complainant  shall  produce  sufficient  testimony  to 
make  out  a  prima  facie  case,  and  if  this  is  done  the  name  of 
the  person  complained  of  shall  be  stricken  from  the  register; 
but  if  such  person  appears  before  the  registrars  or  election 
commissioners  before  the  election  or  town  meeting  next  ensu- 
ing and  shows  sufficient  cause  for  his  failure  earlier  to  appear, 
the  hearing  shall  be  reopened  and  the  matter  decided  on  its 
merits,  as  determined  from  the  evidence  presented  on  both 
sides.  The  complainant  and  the  person  complained  of  may 
be  represented  by  counsel,  and  all  witnesses  may  be  cross- 
examined. 

SECTION  54.  The  registrars  shall  promptly  transmit  to 
the  assessors  of  the  city  or  town  notice  of  every  error  which 
they  shall  discover  in  the  name  or  residence  of  a  person 
assessed  therein.  The  provisions  of  this  section  shall  not 
apply  to  Boston. 

SECTION  55.  The  registrars  or  election  commissioners 
shall  perform  their  duties  in  open  session,  and  not  secretly. 


VOTING  LISTS.  25 

They  shall  distinctly  announce  the  name  of  every  applicant  ^Ou^eicopen  to 
for  registration  before  entering  his  name  on  the  general  1907. 56°.  § 55- 
register.     Their  records  shall  at  suitable  times  be  open  to 
public  inspection. 

SECTION  56.     All  written  complaints  and  certificates  re-  Documents 
ceived  by  the  registrars,  or  election  commissioners,  and  all  ^rvloMoV 
other  documents  in  their  custody  relative  to  registration,  SSjSJj  56. 
shall  be  preserved  by  them  for  two  years  after  the  respective 
dates  thereof. 

SECTION  57.    A  registrar  or  election  commissioner  shall  JJ^^J*^ 
have  authority  to  enforce  regularity  in  all  proceedings  before  1907,  sod,  §  57. 
him,  and  to  maintain  order  in  and  about  the  place  where  a 
session  is  held,  or  applications  for  registration  are  received, 
and  to  keep  the  access  thereto  open  and  unobstructed. 

SECTION  58.  The  board  of  police  or  officer  in  charge  of 
the  police  force  of  a  city  or  town  shall,  when  requested  by  1907»  560« 5  58- 
the  registrars  or  election  commissioners,  detail  a  sufficient 
number  of  police  officers  to  attend  any  meeting  held  by  a 
registrar  in  the  performance  of  his  duties,  and  to  preserve 
order  and  enforce  his  directions. 

SECTION  59.     The  governor,  with  the  advice  and  consent  Supervisors  of 

.    .  .,  registration, 

of  the  council,  shall,  on  the  petition  of  not  less  than  ten  appointment, 
qualified  voters  of  a  city  or  town,  appoint  for  a  term  of  one  1907, 560,  §  59. 
year,  two  supervisors  of  registration  for  each  place  of  regis- 
tration therein,  one  from  each  of  the  two  leading  political 
parties.  They  shall  attend  all  sessions  or  meetings  for  regis- 
tration held  at  the  places  for  which  they  are  appointed,  and 
either  of  them  may  attach  to  any  book  or  papers  there  used 
for  purposes  of  registration  any  statement  touching  the 
truth  or  fairness  of  the  proceedings  which  he  may  deem 
proper,  and  may  add  thereto  his  signature  or  other  marks 
for  the  purpose  of  identification. 

Voting  Lists. 

SECTION  60.     Registrars  or  election  commissioners  shall,  ^tents3*8' 
from  the  names  entered  in  the  annual  register  of  voters,  arrangement, 
prepare  voting  lists  for  use  at  the  several  elections  to  be  1907,  seo,  §  GO. 

1  QAQ    44f)    S   9 

held  therein.  In  such  voting  lists,  they  shall  place  the 
names  of  all  voters  entered  on  the  annual  register,  and  no 
others,  and  opposite  to  the  name  of  each,  his  residence  on 
the  preceding  first  day  of  April  or  at  the  time  of  his  becom- 
ing an  inhabitant  of  such  place  after  said  day.  They  shall 
enter  the  names  of  women  voters  in  separate  columns  or 


26 


VOTING  LISTS. 


Names  of 
certain  voters 
to  be  placed 
at  end  of  list. 
1907,  560,  §  61. 


Posting  of 
voting  lists. 
1907,  560,  §  62. 
1910,  147. 


Additional 
names  to  be 
posted  or 
published. 
1907,  560,  §  63. 


Certificate  to 

be  given  in 

case  of 

omission  or 

error. 

1907,  560,  §  64. 


Proceedings 
at  polls. 


Voting  lists 

for  use  at 

polls. 

1907,  560,  §  65. 


lists.  In  cities,  they  shall  prepare  such  voting  lists  by 
wards,  and  if  a  ward  or  a  town  is  divided  into  voting  pre- 
cincts, they  shall  prepare  the  same  by  precincts,  in  alpha- 
betical order,  or  by  streets,  except  that  in  Boston,  the 
voting  lists  shall  be  prepared  by  streets.  Names  shall  be 
added  thereto  or  taken  therefrom  as  persons  are  found  to 
be  qualified  or  not  qualified  to  vote. 

SECTION  61.  They  shall  place  at  the  end  of  the  voting 
lists  of  each  ward,  voting  precinct. or  town  to  be  used  at  a 
state  election,  under  a  proper  heading,  the  names  of  all 
persons  who,  by  changes  in  city  or  town  boundaries,  are 
not  entitled  to  vote  for  the  whole  number  of  officers  to  be 
chosen. 

SECTION  62.  They  shall,  at  least  twenty  days  before  the 
annual  city  or  town  election,  and  in  every  place  except  Bos- 
ton, at  least  sixty  days  before  the  annual  state  election,  and 
in  Boston,  twenty-four  days  at  least  before  the  annual  state, 
election,  cause  copies  of  the  voting  lists  prepared  in  accord- 
ance with  the  two  preceding  sections  to  be  posted  in  their 
principal  office  and  in  one  or  more  other  public  places  in 
the  city  or  town,  and  in  each  precinct  therein. 

SECTION  63.  After  the  voting  lists  have  been  posted, 
registrars  shall,  within  forty-eight  hours  after  a  new  name 
has  been  added  to  the  annual  register,  cause  it  to  be  added 
to  the  lists  posted  in  their  principal  office.  If  a  city  or  town 
shall  authorize  the  registrars  to  publish  the  names  added  to 
the  register,  they  may,  instead  of  posting  them,  cause  all 
additional  names  to  be  printed  in  a  newspaper  published  in 
the  city  or  town,  if  any,  otherwise  in  a  newspaper  published 
in  the  county  in  which  such  city  or  town  is  situated. 

SECTION  64.  Registrars  shall,  on  the  day  of  an  election, 
give  to  a  voter  whose  name  has  been  omitted  from  the  voting 
list,  or  in  whose  name  or  residence,  as  placed  on  the  voting 
list,  a  clerical  error  has  been  made,  a  certificate  of  his  name 
and  residence,  as  stated  on  the  annual  register,  signed  by 
the  registrars  or  a  majority  of  them.  On  presentation 
thereof  to  the  presiding  election  officer  of  the  ward,  voting 
precinct  or  town  in  which  the  voter  was  registered,  he  shall 
be  allowed  to  vote,  and  his  name  shall  be  checked  on  the 
certificate,  which  shall  be  attached  to  and  considered  a  part 
of  the  voting  list  and  returned  and  preserved  therewith. 

SECTION  65.  They  shall,  before  every  election  and  meet- 
ing in  a  city  or  town  at  which  voting  lists  may  be  required  to 
be  used,  prepare  voting  lists  for  each  ward,  voting  precinct 


VOTING  LISTS.  27 

or  town  in  which  such  election  or  meeting  is  to  be  held, 
containing  the  names  and  residences  of  all  persons  qualified 
to  vote  therein,  as  the  same  appear  upon  the  annual  regis- 
ter, and  they  shall  seasonably  transmit  the  same  to  the 
election  officers  in  every  such  precinct,  ward  or  town.     Such  TO  be  in 
voting  lists  shall  be  in  duplicate  for  all  elections  and  meet-  dupUc 
ings  at  which  duplicate  lists  are  required  to  be  used.     In  in  Boston 
Boston  a  copy  of  the  voting  list  for  each  precinct  required  fSstelffor 
to  be  made  by  section  eighty-five  shall  also  be  furnished  by  offic£r.pohce 
the  board  of  election  commissioners  at  each  primary  and  at 
each  election  to  the  warden  in  charge  of  each  polling  place 
for  the  use  of  the  police  officer  in  such  polling  place.     Said 
list  shall  not  be  removed  from  the  polling  place  and  shall 
be  returned  to  the  warden  immediately  after  the  close  of 
the  polls,  and  he  shall  immediately  transmit  the  same  to 
the  board  of  election  commissioners  according  to  the  pro- 
visions of  section  three  hundred  and  four. 

SECTION  66.     They  shall  forthwith,  after  the  final  day  for  Returns  of 

•    ..•i/»  i  ..  i       .  •  assessed  polls, 

registration  before  an  annual  state,  city  or  town  election,  registered 
certify  to  the  secretary  of  the  commonwealth  the  number 
of  assessed  polls,  the  number  of  registered  male  and  female 
voters  in  the  city  or  town,  and  in  each  ward  and  precinct 
therein,  and  the  number  of  persons  who  by  law  are  entitled 
to  vote  for  a  part  only  of  the  whole  number  of  officers  to  be 
chosen  at  a  state  election  in  such  city  or  town  and  in  each 
ward  and  precinct  therein,  with  the  titles  of  the  officers  for 
whom  such  persons  are  entitled  to  vote. 

In  cities  in  which  the  city  clerk  is  not  a  member  of  the  in  cities 
board  of  registrars,  the  registrars  shall  likewise,  after  the 
last  day  for  registration  for  a  city  election,  certify  to  the 
city  clerk  the  number  of  registered  male  and  female  voters  registrars. 
in  the  city,  and  in  each  ward  and  voting  precinct  therein. 

SECTION  67.     When  a  caucus  is  called  the  registrars  shall, 
on  the  request  of  the  chairman  of  the  ward  or  town  committee  caucus. 

.    ,  .  .        ,     ,  ,  „      ,  1907,  560,  §  67. 

of  the  party  whose  caucus  is  to  be  held  or  of  the  person 
designated  to  call  the  caucus  to  order,  furnish  him  for  use 
in  the  caucus  a  certified  copy  of  the  voting  list  of  the  town, 
or  of  the  ward  of  the  city  for  which  the  caucus  is  to  be  held, 
as  last  published,  adding  thereto  the  names  of  voters  regis- 
tered since  such  publication. 

SECTION  68.     The    registrars    in    every    city,    after    the  List  of  voters 


annual  city  election  in  the  year  nineteen  hundred  and  four-       sfon  Sfl 
teen,  and  in  every  tenth  year  thereafter,  shall,  for  the  pur-  ^rds^tc. 
pose  of  furnishing  to  the  city  council  and  the  board  of  1907-  560'  § 


28 


REGISTRATION,  ETC.,  IN  BOSTON. 


aldermen  the  information  necessary  for  a  new  division  of 
the  city  into  wards  and  voting  precincts,  deliver  to  the  city 
clerk  before  the  tenth  day  of  February  then  next  ensuing  a 
list  of  all  male  voters  therein  who  were  registered  for  such 
city  election,  which  shall  be  so  arranged  as  to  show  the 
number  of  such  voters  residing  in  each  lot  or  block  sur- 
rounded by  streets  within  the  limits  of  such  city  or  within 
any  other  subdivision  thereof,  which  the  city  council  or 
board  of  aldermen  may,  before  the  first  day  of  February, 
designate.  The  registrars  shall  likewise  in  any  other  year, 
upon  request  of  the  board  of  aldermen,  furnish,  for  the  pur- 
pose of  dividing  the  ward  into  voting  precincts,  a  list  of  the 
male  voters  of  any  ward  in  the  city,  arranged  as  aforesaid. 


Listing  board 
in  Boston, 
how  con- 
stituted. 
1907,  560,  §  69. 


To  make  lists 
of  male 
persons,  etc. 

1907,  560,  §  70. 

1908,  480. 

1909,  440,  §  2. 


Buildings  used 
as  residences 
to  be  desig- 
nated, etc. 


Listing  and  Registration  of  Voters  in  Boston. 

SECTION  69.  In  Boston  there  shall  be  a  listing  board  com- 
posed of  the  police  commissioner  of  said  city  and  one  mem- 
ber of  the  board  of  election  commissioners,  who  shall  annu- 
ally be  appointed  by  the  mayor,  without  confirmation  by 
the  board  of  aldermen,  for  the  term  of  one  year  and  who 
shall  belong  to  that  one  of  the  two  leading  political  parties 
of  which  said  police  commissioner  is  not  a  member.  In  case 
of  disagreement  between  the  two  members  of  said  board, 
the  chief  justice  of  the  municipal  court  of  the  city  of  Boston, 
or,  in  case  of  his  disability,  the  senior  justice  of  said  court 
who  is  not  disabled,  shall  for  the  purpose  of  settling  such 
disagreement  be  a  member  of  said  board  and  shall  preside 
and  cast  the  deciding  vote,  in  case  of  a  tie. 

SECTION  70.  The  listing  board  shall,  within  the  first 
seven  week  days  of  April  in  each  year,  by  itself  or  by  police 
officers  subject  to  the  jurisdiction  of  the  police  commis- 
sioner, visit  every  building  in  said  city,  and  after  diligent 
inquiry  make  true  lists,  arranged  by  streets,  wards  and 
voting  precincts,  and  containing  as  nearly  as  the  board  can 
ascertain,  the  name,  age,  occupation  and  residence  on  the 
first  day  of  April  in  the  current  year,  and  the  residence  on 
the  first  day  of  April  in  the  preceding  year,  of  every  male 
person,  twenty  years  of  age  or  upwards,  who  is  not  a  pauper 
in  a  public  institution,  residing  in  said  city.  Said  board 
shall  designate  in  such  lists  all  buildings  used  as  residences 
by  such  male  persons,  in  their  order  on  the  street  where 
they  are  located,  by  giving  the  number  or  other  definite 
description  of  every  such  building  so  that  it  can  be  readily 


REGISTRATION,  ETC,  IN  BOSTON.  29 

identified,  and  shall  place  opposite  the  number  or  other 
description  of  every  such  building  the  name,  age  and  occu- 
pation of  every  such  male  person  residing  therein  on  the 
first  day  of  April  in  the  current  year,  and  his  residence  on 
the  first  day  of  April  in  the  preceding  year.  The  board 
shall  also  inquire  at  the  residences  of  the  women  voters  votera- 
whose  names  are  contained  in  the  list  transmitted  to  them 
by  the  election  commissioners  under  section  seventy-six 
whether  such  women  voters  are  resident  thereat,  and  shall 
thereupon  make  true  lists  of  the  women  voters  found  by 
them.  If  in  any  year  the  police  commissioner  shall  believe  commissioner 

•        •  •      i  i        i  f  11*  '  may  take 

it  to  be  impracticable,  because  of  any  public  exigency  re-  further  time 
quiring  unusual  service  from  the  police  force  of  the  city,  S^y^etc. 
to  complete  within  the  first  seven  week  days  of  April  such 
visitation,  and  to  transmit  to  the  election  commissioners  on 
or  before  the  eighteenth  day  of  April  the  lists  described  in 
this  section,  he  shall  have  authority,  after  having  given 
notice  in  writing  to  the  listing  board  and  to  the  board  of 
election  commissioners  of  the  city,  to  take  such  further  time 
for  such  visitation  and  transmission,  not  exceeding  ten  week 
days,  as  he  shall  deem  necessary. 

The  board  shall  place  in  the  lists  made  by  it,  opposite  the  Names  of 
name  of  every  such  male  person  or  woman  voter,  the  name  to'SrSven, 
of  the  inmate,  owner  or  occupant  of  the  building,  or  the  etc* 
name  and  residence  of  any  other  person,  who  gives  the  in- 
formation relating  to  such  male  person  or  woman  voter. 
Where  such  information  is  given  by  one  person  relating  to 
more  than  one  such  male  person  or  woman  voter  residing 
in  one  building,  ditto  marks  may  be  used  in  such  lists  under 
the  name  of  the  person  giving  the  information,  after  his 
name  has  been  once  placed  opposite  the  name  of  such  male 
person  or  woman  voter  first  written  down  as  residing  in  such 
building. 

The  board  shall,  upon  the  personal  application  of  a  person  TO  correct 
listed  either  upon  the  original  or  supplementary  lists  for  the  S?ra 
correction  of  any  error  in  their  lists,  or  whenever  informed 
of  any  such  error,  make  due  investigation,  and  upon  proof 
thereof  correct  the  same  on  their  original  or  supplementary 
lists,   and   shall  immediately  notify  the  election   commis- 
sioners of  such  correction,  who  shall  correct  their  copies  of 
said  lists  accordingly  and  proceed  to  revise  and  correct  the 
registers   under   the  provisions   of   section   fifty-one.     The  Applications, 
board  shall  cause  all  applications  and  affidavits  received  by  pre's^dfor 
them  under  this  section  to  be  preserved  for  two  years. 


30 


REGISTRATION,  ETC.,  IN  BOSTON. 


To  transmit 

copies  of  lists 

to  election 

commissioners, 

etc. 

1907,  560,  §  71. 

1909,  440,  §  2. 


To  prepare 
printed  copies 
of  lists,  etc. 
1907,  560,  §  72. 


Listing  of 

persons  not 

previously 

listed. 

1907,  560,  §  73. 

1909,  440,  §  2. 

1913,  286. 


Certain 
persons  desir- 
ing to  be  listed 
to  present  a 
statement  in 
writing,  etc. 


Certificate 
to  be  given  in 
certain  cases, 
etc. 


SECTION  71.  The  board  shall,  on  or  before  the  eighteenth 
day  of  April  in  each  year,  transmit  to  the  election  com- 
missioners certified  copies  of  those  parts  of  the  lists  prepared 
as  provided  in  the  preceding  section,  containing  the  name, 
age,  occupation  and  residence  on  the  first  day  of  April  in 
the  current  year,  and  the  residence  on  the  first  day  of  April 
in  the  preceding  year,  of  every  male  person,  twenty  years 
of  age  or  upwards,  residing  in  said  city,  and  shall  promptly 
transmit  to  the  election  commissioners  notice  of  every  addi- 
tion to  and  correction  in  the  lists  made  by  them.  The 
board  shall  furnish  all  information  in  its  possession  neces- 
sary to  aid  the  election  commissioners  in  the  performance 
of  their  duties. 

SECTION  72.  The  board  shall,  on  or  before  the  first  day 
of  July  in  each  year,  prepare  printed  copies  of  the  lists  pre- 
pared for  the  use  of  the  election  commissioners.  The  board 
shall  print  such  lists  in  pamphlet  form  by  precincts,  deliver 
to  the  election  commissioners  as  many  copies  thereof  as 
they  may  require  and  hold  the  remaining  copies  for  public 
distribution. 

SECTION  73,  If  a  male  person,  twenty  years  of  age  or 
upwards,  resident  in  Boston  on  the  first  day  of  April,  was 
not  listed  by  the  board,  he  shall,  in  order  to  establish  his 
right  to  be  listed,  appear  before  a  member  of  the  board,  the 
superintendent,  a  deputy  superintendent  or  an  inspector  of 
police,  who  are  hereby  authorized  to  administer  oaths  for 
this  purpose,  and  present  under  oath  a  statement  in  writing 
that  he  was  on  said  day  a  resident  of  said  city,  giving  his 
name,  age,  occupation  and  residence  on  the  first  day  of 
April  in  the  current  year,  and  his  residence  on  the  first  day 
of  April  in  the  preceding  year. 

A  male  person,  twenty  years  of  age  or  upwards,  who  be- 
comes a  resident  of  said  city  after  the  first  day  of  April,  and 
desires  to  be  listed,  shall  appear  before  a  member  of  the 
board,  the  superintendent,  a  deputy  superintendent  or  an 
inspector  of  police,  who  are  hereby  authorized  to  administer 
oaths  for  this  purpose,  and  present  under  oath  a  statement 
in  writing  that  he  became  a  resident  of  said  city  at  least 
six  months  immediately  preceding  the  election  at  which  he 
claims  the  right  to  vote,  giving  his  name,  age,  occupation 
and  residence  on  the  above  date,  and  his  residence  on  the 
first  day  of  April  in  the  preceding  year. 

If  the  board,  after  investigation,  is  satisfied  that  such  state- 
ments are  true,  it  shall  give  such  applicant  a  certificate  that 


REGISTRATION,  ETC.,  IN  BOSTON.  31 

he  was  a  resident  of  said  city  on  said  first  day  of  April,  or  a 
certificate  that  he  became  a  resident  at  least  six  months 
immediately  preceding  such  election,  as  the  case  may  be, 
which  certificate  shall  state  his  name,  age,  occupation  and 
residence  on  the  first  day  of  April  in  the  current  year  or  on 
the  above  date,  as  the  case  may  be,  and  his  residence  on 
the  first  day  of  April  in  the  preceding  year;  but  no  such 
application  shall  be  received  later  than  the  thirtieth  day  received  later 

.    .       ,      ,         .  ,  J    than  the 

preceding  a  state  or  a  municipal  election,  and  no  such  per-  thirtieth  day 
son  shall  be  listed  or  be  given  such  certificate  later  than  the 
twenty-first  day  preceding  such  state  or  municipal  election. 
The  board  shall  not  after  the  last  day  for  making  such  appli- 
cation before  a  state  election  receive  an  application  until 
after  such  election. 

In  every  place  where  oaths  are  administered  for  the  pur-  TO  post 
pose  of  listing  the  board  shall  post  in  a  conspicuous  place  a 
copy  of  section  four  hundred  and  sixty,  printed  on  white 
paper  with  black  ink,  in  type  not  less  than  one  quarter  of  46°- 
an  inch  wide. 

SECTION  74.  The  board  shall  enter  the  date  of  applica-  Record  of 
tion,  the  name,  age,  occupation  and  residence  on  the  first 
day  of  April  in  the  current  year  and  the  residence  on  the 
first  day  of  April  in  the  preceding  year,  of  every  such  appli- 
cant, as  above  provided,  together  with  the  result  of  its  in- 
vestigation of  his  application,  in  a  book  provided  for  that 
purpose,  which  shall  be  open  for  public  inspection.  Said 
board  shall  cause  to  be  printed  in  some  newspaper  published 
in  Boston,  the  name  and  residence  of  evejy  such  applicant. 
The  names  and  residences  of  such  applicants  shall  be  printed 
by  wards  and  precincts  within  two  days  after  the  number  applicants  to 
of  names  of  such  applicants,  not  printed,  reaches  fifty;  and 
on  the  day  when  such  number  is  reached,  the  names  to  be 
printed  within  such  two  days  shall  include  the  names  of  all 
such  applicants  up  to  the  close  of  business  for  this  purpose 
in  the  office  of  the  board  on  such  day. 

SECTION  75.    The  police  commissioner  shall  have  his  office  office  of 
open  during  such  hours  as  shall  be  necessary  to  carry  out 
the  provisions  of  the  two  preceding  sections. 

SECTION  76.    The  election  commissioners  shall,  after  the  §  75 

first  day  of  April  in  each  year,  prepare  an  annual  register  Election 'com- 
containing  the  names  of  all  qualified  voters  in  Boston  for 
the  current  year,  beginning  with  such  first  day  of  April. 
Such  names  shall  be  arranged  by  wards  and  precincts  and,  jjjj  1 J6- 
opposite  the  name  of  each  voter,  shall  be  entered  his  resi-  1012!  471!  §  2! 


32 


REGISTRATION,  ETC.,  IN  BOSTON. 


Proviso. 


To  make 
necessary 
inquiries  and 
investigations, 
etc. 


To  send 
notice  to 
voters  of  pre- 
ceding year 
whose  names 
have  not  been 
entered  in 
annual 
register. 
To  transmit 
list  of  women 
voters  to 
listing  board. 


Applicants  for 
registration 
to  apply  in 
person,  etc. 
1907,  560,  §  77. 


Election  com- 
missioners of 
Boston, 
appointment, 
etc. 
1907,  560,  §  78. 


dence  on  the  preceding  first  day  of  April  or  any  subsequent 
day  when  he  became  a  resident  of  said  city.  The  election 
commissioners  shall  enter  in  the  annual  register  every  name 
contained  in  the  lists,  for  the  current  year,  of  persons  trans- 
mitted to  them  by  the  listing  board,  giving,  as  the  residence 
of  each  person  on  the  first  day  of  April,  the  place  at  which 
he  was  listed  by  said  board;  and  likewise  the  name  and 
residence,  as  aforesaid,  of  every  woman  voter  whose  name 
is  contained  in  the  list  of  women  voters  transmitted  to  them 
under  this  act:  provided,  that  in  every  case  they  are  able  to 
identify  the  name  so  transmitted  as  that  of  a  man  or  woman 
whose  name  was  borne  on  the  voting  list  of  said  city  at  the 
last  preceding  election.  They  shall  make  all  inquiries  and 
investigations  necessary  to  identify  such  person,  and  they 
shall  not  enter  in  the  annual  register  the  name  of  a  person 
objected  to  by  any  commissioner,  until  such  person  has  been 
duly  notified  and  given  an  opportunity  to  be  heard  by  them, 
and  shall  have  appeared  and  satisfied  them  of  his  right  to 
have  his  name  so  entered.  They  shall  forthwith  enter  in 
the  annual  register  the  name  of  every  person  whose  quali- 
fications as  a  voter  have  been  determined  by  them  in  the 
current  year  and  whose  name  has  accordingly  been  entered 
in  the  general  register.  They  shall,  on  or  before  the  first 
Monday  of  August  in  each  year,  send  notice  in  writing  by 
mail  to  each  male  voter  of  the  preceding  year  whose  name 
has  not  been  entered  in  the  annual  register  of  the  current 
year  that  his  name  has  not  been  so  entered.  They  shall, 
before  the  first  day  of  April  in  each  year,  transmit  to  the 
listing  board  a  list  of  the  women  voters  whose  names  are 
contained  upon  the  register  of  the  preceding  year,  with  their 
residences,  as  they  appear  on  said  register. 

SECTION  77.  Every  person,  male  or  female,  whose  name 
has  not  been  entered  in  the  annual  register  in  accordance 
with  the  preceding  section,  must,  in  order  to  be  registered 
as  a  voter,  apply  in  person  for  registration  and  prove  that 
he  is  qualified  to  register. 

SECTION  78.  The  election  department  of  Boston  shall  be 
under  the  charge  of  a  board  of  election  commissioners  con- 
sisting of  four  citizens  and  voters  of  Boston  who  shall  be 
appointed  by  the  mayor;  and  chapter  four  hundred  and 
eighty-six  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
and  all  other  acts  relating  to  departments  of  Boston,  or  the 
officers  and  employees  thereof,  not  inconsistent  herewith, 


REGISTRATION,  ETC.,  IN  BOSTON.  33 

shall  be  applicable  to  said  department  and  the  officers  and 
employees  thereof. 

SECTION  79.     Said  board  shall  be  so  selected  that  two  Political 
members  shall  always  belong  to  each  of  the  two  leading  SSSSSSS!' 
political  parties;    and  one  member  shall  annually  be  ap-  5{g7  560  §  79 
pointed  for  the  term  of  four  years,  beginning  with  the  first  1909>  440«  *  2- 
day  of  April  in  the  year  of  his  appointment.     The  mayor 
shall  annually,  on  or  before  the  first  day  of  April,  designate 
one  member  as  chairman  for  the  year  beginning  with  said 
day,  and  may,  after  notice  and  hearing,  remove  any  member 
for  cause.     The  chairman  of  said  board  shall  receive  an 
annual  salary  of  four  thousand  dollars,  and  each  of  the  other 
commissioners  three  thousand  five  hundred  dollars,  or  such 
other  salary  as  the  city  council  may  by  ordinance  prescribe. 

SECTION  80.     Said  board  shall  annually,  between  the  first  TO  appoint 
day  of  April  and  the  first  day  of  October,  appoint  assistant  n&tnnat 
registrars  of  voters,  not  exceeding  four  for  each  ward,  who  SoTseo,  §  so. 
shall  hold  office  for  the  term  of  one  year,  beginning  with  the  1909>  440' §  2t 
first  day  of  October,  unless  sooner  removed  by  the  election 
commissioners,  and  who  shall  equally  represent  the  two  lead- 
ing political  parties. 

SECTION  81.     Said    board    shall    constitute    the    Boston  TO  constitute 
ballot  law  commission,  and  shall  in  all  matters  relating  to  bafiouLT 
objections  and  questions  arising  in  the  case  of  nominations  ^mmission' 
of  candidates  for  city  offices  have  the  powers  and  perform  190^' 560)  §  8L 
the  duties  prescribed  for  the  state  ballot  law  commission; 
and  when  sitting  as  such,  the  chief  justice  of  the  municipal 
court  of  the  city  of  Boston,  or  in  case  of  his  disability  the 
senior  justice  of  said  court  who  is  not  disabled,  shall  be  a 
member  of  said  board  and  shall  preside,  but  shall  not  vote 
unless  the  other  commissioners  are  equally  divided;   and  in 
every  other  matter  in  which  the  commissioners  are  equally 
divided  said  chief  justice  shall  act  with  them  and  shall  cast 
the  deciding  vote. 

SECTION  82.  Said  board  shall  prepare  books  for  the  regis-  Books  for  the 
tration  of  the  male  voters  and  the  general  register  of  voters,  J^'S'S,01 
and  the  books  so  prepared  shall  constitute  the  general  regis-  fj^gso,'  §et^. 
ter  of  voters  in  said  city.  Said  books  shall  be  in  substan-  1909'44°:  §  *•' 
tially  the  following  form:  — 


REGISTRATION,  ETC.,  IN  BOSTON. 


4.        5. 


10. 


Street. 

11.  12. 


Form. 


ll 

No.  of  Residence  or 
Other  Designation, 
April  1,  of  the  Year 
of  Application. 

o 
1 

Signature. 

Length  of  Residence  1 
in  City. 

Occupation. 

d 
.2 

I 

O 
*o 

i 

s 

Place  of  Birth. 

Court  of  Naturaliza- 
tion. 

Date  of  Naturaliza- 
tion Papers. 

PERSONAL 
DESCRIPTION. 

1 

-u 

ag 
a-S 

3 

f  o 

& 

<! 

,3 

b£ 

3 

<j 

,n 
tc 

1 

Under  the  several  headings,  there  shall  be  entered  as 
follows :  — 

One,  The  day,  month  and  year  when  the  applicant  is 
adjudged  a  qualified  voter. 

Two,  The  name  of  the  applicant  and  the  number  on  the 
street,  place  or  other  location  of  his  dwelling  on  that  day, 
or  if  there  is  no  number,  such  clear  and  definite  description 
of  the  place  of  said  dwelling  that  it  can  be  readily  ascer- 
tained; if  more  than  one  family  resides  in  said  dwelling,  the 
floor  on  which  the  applicant  resides;  and  if  there  is  more 
than  one  house  at  the  number  given  by  the  applicant,  in 
which  one  of  them  he  resides. 

Three,  The  full  surname  and  the  Christian  name  of  the 
applicant,  or  the  name  by  which  he  is  generally  known,  and 
the  initial  of  every  other  name  which  he  may  have. 

Four,  The  applicant  shall  write  his  name  on  a  line  with  the 
statements  herein  set  forth. 

Five,  The  number  of  months  or  years  which  the  applicant 
states  that  he  has  lived  in  said  city. 

Six,  A  full  statement  of  his  occupation. 

Seven,  The  place  of  his  occupation. 

Eight,  The  name  of  the  city  or  town,  county  and  state, 
country,  kingdom,  empire  or  dominion  where  he  was  born. 

Nine,  The  designation  of  the  court  where  the  applicant,  if 
he  was  an  alien,  was  naturalized. 

Ten,  The  date  of  such  naturalization. 

Eleven,  The  age,  approximate  height  and  weight  of  the 
applicant. 

Twelve,  The  residence  of  the  applicant  at  the  date  of  regis- 
tration. 

The  names  of  all  voters  residing  in  the  same  dwelling  shall 
be  placed  together. 


REGISTRATION,  ETC.,  IN  BOSTON.  35 

SECTION  83.  Said  board  shall  hold  such  day  sessions  as  Sessions  of 
the  city  may  by  ordinance  prescribe,  and  such  additional 
sessions  as  they  shall  deem  necessary.  They  shall,  in  any 
event,  hold  in  or  near  each  ward  in  said  city  not  less  than  1907' 560>  5  ®4- 
ten  evening  sessions,  each  of  at  least  three  hours'  duration, 
between  the  first  day  of  September  and  the  close  of  regis- 
tration before  the  annual  state  election,  and  the  same  num- 
ber of  like  sessions  between  the  annual  state  election  and 
the  close  of  registration  before  the  annual  city  election. 
They  shall  also  hold  at  their  principal  office  a  continuous 
session  from  nine  o'clock  in  the  morning  until  ten  o'clock  in 
the  evening  on  the  twentieth  day  preceding  the  annual  state 
election,  and  a  like  continuous  session  on  the  twentieth  day 
preceding  the  annual  city  election,  and  a  continuous  ses- 
sion from  twelve  o'clock  noon  until  ten  o'clock  in  the  even- 
ing on  the  seventh  day  preceding  a  special  election. 

SECTION  84.  An  election  commissioner  or  assistant  reg-  Applicants  for 
istrar  of  voters  shall,  at  the  times  and  places  fixed  for 
registering  voters,  examine  under  oath  each  applicant  for  SS 
registration  as  to  his  qualifications  as  a  voter,  and,  if  satisfied 
that  the  applicant  is  a  qualified  voter,  shall  immediately,  in 
the  presence  of  the  applicant,  enter  in  the  proper  columns 
of  said  register  the  information  required  by  section  eighty- 
two,  according  to  the  statements  of  the  applicant;  and  if  at 
any  time  prior  to  an  election  the  board  shall  be  of  opinion 
that  there  is  an  error  in  such  information,  after  giving  notice 
to  the  person  by  mail,  by  special  delivery,  that  he  may  be 
heard  on  a  certain  day  named  therein,  it  may  on  said  day 
re-examine  said  information  and  correct  such  error,  if  any. 
No  person  shall,  except  as  provided  in  section  seventy-six 
have  his  name  entered  upon  such  register  unless  he  person- 
ally appears  before  said  board  or  one  member  thereof  or  an 
assistant  registrar  and  is  found  qualified  to  be  registered  as 
a  voter;  and  if  the  person  is  a  naturalized  citizen,  he  shall 
produce  his  naturalization  papers  or  a  certified  copy  of  the 
record  thereof  for  inspection,  and  make  oath  that  he  is  the 
person  named  therein.  But  if  there  is  a  record  in  the  office 
of  said  board  made  in  the  year  eighteen  hundred  and  ninety- 
six,  or  subsequent  thereto,  that  the  naturalization  papers  of 
the  applicant  have  once  been  produced  and  examined,  they 
need  not  be  again  produced. 

SECTION  85.     Said  board  shall  annually  after  the  close  of  street  gteof 
registration  and  before  the  annual  state  election  make,  by  ™jj*»- „ 

•  p  i  i  •  •••  A      i  1907,  5oU,  §  ob. 

precincts,  from  the  annual  register,  street  lists  of  the  voters  1909, 440,  §  2. 


36 


POLITICAL  COMMITTEES. 


Form. 


to  be  used  as  the  voting  lists  at  elections.  Each  list  shall 
contain  not  less  than  two  hundred  names,  and  names  shall 
be  added  to  or  taken  therefrom,  as  persons  are  found  quali- 
fied or  not  qualified  to  vote.  Said  lists  shall  be  in  the  fol- 
lowing form :  — 


-Street. 


PERSONAL 

Residence,  Number, 

DESCRIPTION. 

NAME  OF  VOTER. 

or  Other  Desig- 
nation, April  1,  of  the 
Year  of  Election. 

Length  of 
Residence  in  City. 

*j 

A 

s 

M 

£ 

1 

Pamphlet 
copies  of 
voting  lists. 
1907,  560,  §  87. 


Voter  to  write 
his  name 
upon  request. 
1907,  560,  §  88. 


SECTION  86.  Said  board  shall,  prior  to  the  annual  state 
election  and  prior  to  the  annual  city  election,  prepare  in 
pamphlet  form,  not  less  than  fifty  copies  of  each  voting  list, 
omitting  therefrom  everything  except  the  name  and  resi- 
dence of  the  voters,  and  shall  distribute  said  copies  as  they 
may  deem  best. 

SECTION  87.  Every  person  upon  applying  to  vote  shall,, 
when  requested  by  any  election  officer,  write  his  name  in  a 
book  prepared  for  the  purpose  unless  the  voter  declares 
under  oath  to  the  presiding  officer  that  he  had  the  right  to 
vote  on  the  first  day  of  May  in  the  year  eighteen  hundred 
and  fifty-seven  and  cannot  write,  or  that  by  reason  of  blind- 
ness or  other  physical  disability  he  is  unable  to  write. 


State  com- 
mittees, elec- 
tion, term,  etc. 
1907,  560,  §  89. 
1911,  550,  §  18. 


PART    II. 
Political  Committees. 

SECTION  88.  Each  political  party  shall  annually  elect  a 
state  committee,  the  members  of  which  shall  hold  office  for 
one  year  from  the  first  day  of  January  next  following  their 
election  and  until  their  successors  shall  have  organized.  Said 
committee  shall  consist  of  at  least  one  member  from  each 
senatorial  district  to  be  elected  at  the  state  primaries,  and 
such  number  of  members  at  large  as  may  be  fixed  by  the 
committee  to  be  elected  at  the  state  convention;  and  the 
person  who  in  the  aggregate  of  all  the  ballots  cast  in  each 
district  for  such  district  members  shall  receive  the  highest 
number  of  such  votes  shall  be  the  member  elected. 


POLITICAL  COMMITTEES.  37 

The  members  of  the  state  committee  shall,  in  January,  Organization, 
meet  and  organize  by  the  choice  of  a  chairman,  a  secretary, 
a  treasurer  and  such  other  officers  as  they  may  decide  to 
elect. 

The  secretary  of  the  state  committee  shall,  within  ten  days  Lists  of 
after  such  organization,  file  with  the  secretary  of  the  com- 
monwealth,  and  send  to  each  city  and  town  committee,  a  med' 
list  of  the  members  of  the  committee  and  of  its  officers. 

A  vacancy  in  the  office  of  chairman,  secretary  or  treasurer  Vacancies, 
of  the  committee  or  in  the  membership  thereof  shall  be 
filled  by  the  committee,  and  a  statement  of  any  such  change 
shall  be  filed  as  in  the  case  of  the  officers  first  chosen. 

SECTION  89.     Each  political  party  shall,  in  every  ward  S 
and  town,  annually  elect  at  the  state  primaries,  a  committee 
to  be  called  a  ward  or  a  town  committee,  to  consist  of  not  |j*JJ-  JJjj»  f 
less  than  three  persons,  who  shall  hold  office  for  one  year 
from  the  first  day  of  January  next  following  their  election 
and  until  their  successors  shall  have  organized. 

The  members  of  the  several  ward  committees  of  a  politi-  City  .. 

•  •  •  11         committee. 

cal  party  in  a  city  shall  constitute  a  committee  to  be  called 
a  city  committee. 

Each  town  committee  shall  annually,  between  the  first 
day  of  January  and  the  first  day  of  March,  and  each  ward 
and  city  committee  shall,  within  thirty  days  after  the  begin- 
ning  of  its  term  of  office,  meet  and  organize  by  the  choice 
of  a  chairman,  a  secretary,  a  treasurer  and  such  other  offi- 
cers as  it  may  decide  to  elect. 

The  secretary  of  each  city  and  town  committee  shall, 
within  ten  days  after  its  organization,  file  with  the  secretary 
of  the  commonwealth,  with  the  city  or  town  clerk  and  with 
the  secretary  of  the  state  committee  of  the  political  party 
which  it  represents,  a  list  of  the  officers  and  members  of  the 
committee. 

A  vacancy  in  the  office  of  chairman,  secretary  or  treasurer  Vacancies, 
of  a  city,  ward  or  town  committee  shall  be  filled  by  the 
committee,  and  a  vacancy  in  the  membership  of  a  ward  or 
town  committee  shall  be  filled  by  such  committee,  and  a 
statement  of  any  such  change  shall  be  filed  as  in  the  case  of 
the  officers  first  chosen. 

SECTION  90.     Upon  a  re-division  of  a  city  into  wards,  any  ward  com- 
political  party  may  in  the  next  succeeding  calendar  year 
elect  its  ward  committees  for  such  terms,  not  exceeding  the 
length  of  the  terms  for  which  the  former  committees  were  wnsw,  §  91. 
chosen,  as  the  city  committee  existing  at  the  time  of  calling 


38 


PRIMARIES. 


Organization 
of  existing 
committees. 
1907,  560,  §  92. 


Committees 
may  make 
rules  and 
regulations, 
etc. 

1907,  560,  §  93. 

1908,  428. 


Conduct  of 
primaries. 
1907,  560, 
§  144. 


Withdrawal  of 

names  of 

candidates. 

1907,  560, 

§  126. 

1911,  550,  §  9. 


the  caucuses  may  determine,  and  thereafter  shall  elect  such 
committees  at  the  times  and  for  the  terms  prescribed  by 
law.  The  caucuses  for  the  choice  of  such  ward  committees 
shall  be  called  by  the  city  committee  in  existence  at  the 
time,  and  shall  be  subject  to  such  reasonable  notice  as  said 
city  committee  shall  determine. 

SECTION  91.  Committees  of  any  party  existing  at  the 
time  when  such  party  at  an  annual  state  election  first  polls 
for  governor  three  per  cent  of  the  entire  vote  cast  in  the 
commonwealth  for  that  office  shall  be  deemed  to  be  organ- 
ized under  these  provisions. 

SECTION  92.  A  state,  city  or  town  committee  may  make 
rules  and  regulations,  not  inconsistent  with  law,  for  its  pro- 
ceedings and  relative  to  caucuses  called  by  it,  and  may  fix 
the  number  of  persons  of  whom  it  shall  consist,  which  num- 
ber shall  be  announced  in  the  call  for  the  meeting  at  which 
they  are  to  be  chosen.  Each  city  or  town  committee  may 
make  reasonable  regulations,  not  inconsistent  with  law,  to 
determine  membership  in  the  party,  and  to  restrain  per- 
sons not  entitled  to  vote  at  caucuses  from  attendance  thereat 
or  taking  part  therein.  But  no  political  committee  shall 
prevent  any  voter  from  participating  in  a  caucus  of  its  party 
for  the  reason  that  the  voter  has  supported  an  independent 
candidate  for  political  office.  A  state  committee  may  make 
rules  and  regulations,  not  inconsistent  with  law,  for  calling 
conventions. 

Provisions  applying  to  All  Primaries. 

SECTION  93.  Primaries  shall  be  conducted  in  general 
accordance  with  the  provisions  of  law  concerning  the  con- 
duct of  elections  and  the  manner  of  voting  thereat,  except 
as  otherwise  provided  in  the  sections  concerning  primaries. 

SECTION  94.  A  person  who  is  nominated  to  be  voted  for 
at  a  primary  may  withdraw  his  name  from  nomination  by 
a  request  in  writing  signed  by  him  and  acknowledged  before 
a  justice  of  the  peace  and  filed  with  the  officer  with  whom 
the  nomination  was  filed,  in  the  case  of  a  person  to  be  voted 
for  at  a  state  or  presidential  primary  within  the  seventy- 
two  week-day  hours,  and  in  the  case  of  a  person  to  be  voted 
for  at  a  city  or  town  primary  within  the  forty-eight  week- 
day hours,  succeeding  five  o'clock  in  the  afternoon  of  the 
last  day  fixed  for  the  filing  of  nomination  papers  for  such 
primary. 


PRIMARIES.  39 

SECTION  95.    When  nomination  papers  have  been  filed,  Nominations 

•  11  11  valid  unless 

and  are  in  apparent  conformity  with  law,  they  shall  be  ^iected  to, 
valid  unless  objections  thereto  are  made  in  writing  and  filed  1W7,  seo, 
with  the  officer  with  whom  the  nomination  paper  was  filed.  § 
Such  objections  shall  be  filed  in  the  case  of  candidates  to  be 
voted  for  at  a   state  or  presidential  primary  within  the 
seventy-two  week-day  hours,  in  the  case  of  candidates  to  be 
voted  for  at  city  primaries  within  the  forty-eight  week-day 
hours,  and  in  the  case  of  candidates  to  be  voted  for  at  town 
primaries  within  the  twenty-four  week-day  hours,  succeed- 
ing five  o'clock  in  the  afternoon  of  the  last  day  fixed  for  the 
filing  of  nomination  papers  for  such  primaries. 

SECTION  96.     Objections  to  nomination  papers  for  candi-  SSTSrSom 
dates  to  be  voted  for  at  state  or  presidential  primaries,  and  jg^ggj*1,-  n 
all  other  questions  relating  thereto,  shall  be  considered  and 
determined  by  the  state  ballot  law  commission;    to  nomi- 
nations for  candidates  to  be  voted  for  at  city  primaries  by 
the  board  of  registrars,  the  city  clerk  and  the  city  solicitor; 
and  to  nominations  for  candidates  to  be  voted  for  at  town 
primaries  by  the  board  of  registrars. 

SECTION  97.     State  primaries  shall  be  held  on  the  sixth 
Tuesday  preceding  state  elections,   city  primaries  on  the 
third  Tuesday  preceding  city  elections,  town  primaries,  on  §  MS. 
the  second  Tuesday  preceding  town  elections,  and  presi-  §  52! 2  '    6' 
dential  primaries  on  the  last  Tuesday  in  April;   except  that  1912,254',  §  2,' 
primaries  before  a  special  election  shall  be  held  on  the  second  274' §  1- 
Tuesday  preceding  the  special  election. 

In  Boston  they  shall  be  held  by  precincts  as  established  pr°dnc1te1?nby 
for  elections;    elsewhere,  wholly  or  partly  by  wards,  pre-  o*™**  Places- 
cincts  or  towns,  as  the  board  of  aldermen  or  selectmen  may 
from  time  to  time  determine. 

SECTION  98.    The  provisions  of  law  relating  to  election  Certain  pro- 
officers,  voting  places  for  elections,  election  apparatus  and  toTpply f  law 
blanks,  calling  and  conduct  of  elections,  manner  of  voting  §9?Ii560' 
at  elections,  counting  and  recounting  of  votes  at  elections,  1908' 423>  §  2- 
the  provisions  of  section  three  hundred  and  eight,  corrupt 
practices,  and  penalties,  shall  apply  to  primaries,  except  as 
otherwise  provided  in  the  sections  concerning  primaries. 

SECTION  99.     In  Boston  petitions  for  recounts  after  pri-  ™^£T 
maries  shall  be  filed  before  five  o'clock  in  the  afternoon  of  the  ?9°97to5% 
second  day  thereafter.  §  IGO. 

SECTION  100.    The  election  commissioners  in  Boston,  the  officers  may 
city  clerks  in  other  cities,  and  the  town  clerks  in  towns  may  to%?rvfnaatted 

primaries. 


40 


PRIMARIES. 


1907,  560, 
§  152. 


Same  subject. 
1907,  560, 
§  153. 


Certain  per- 
sons not  in- 
eligible as  pri- 
mary officers. 
1907,  560,  §  154. 

Ballots  for 

state  and 

presidential 

primaries, 

preparation, 

etc. 

1911,  550,  §  12. 

Proviso. 


Ballots  for 

city  and  town 

primaries, 

preparation, 

etc. 

1907,  560, 

§  130. 


Number  of 
ballots,  how 
determined. 
1907,  560, 
§§  130,  150. 
1909,  486,  §  52. 


Ballots  for 
each  party 
to  be  printed 
on  paper  of  a 
different  color, 
etc. 

1907,  560, 
§§  130,  150. 


designate  two  inspectors  and  two  deputy  inspectors,  rep- 
resenting the  two  leading  political  parties,  instead  of  a 
larger  number,  to  serve  at  the  primaries,  and  from  the 
whole  body  of  election  officers  they  may  designate  officers 
equally  representing  the  two  leading  political  parties  to 
serve  as  tellers  in  any  precinct  or  ward  during  part  of  the 
day  for  the  purpose  of  receiving  ballots,  checking  names,  or 
canvassing  and  counting  votes,  such  tellers  to  receive  such 
part  of  a  full  day's  compensation  of  election  officers  as  the 
election  commissioners  in  Boston,  the  board  -of  aldermen  in 
other  cities,  or  the  selectmen  in  towns,  may  determine. 

SECTION  101.  In  wards  or  towns  where  at  elections  vot- 
ing is  by  precincts,  but  at  primaries  by  wards  or  towns,  the 
city  or  town  clerk  shall  designate  which  of  the  election  offi- 
cers shall  serve  as  primary  officers. 

SECTION  102.  Except  in  Boston  no  person  shall  be  in- 
eligible to  serve  as  a  primary  officer  because  he  is  a  candidate 
for  or  member  of  a  ward  or  town  committee. 

SECTION  103.  Ballots  for  use  at  state  and  presidential 
primaries  shall  be  prepared  and  provided,  and  the  number 
thereof  determined,  by  the  secretary  of  the  commonwealth, 
and  no  other  ballots  shall  be  received  or  counted:  provided, 
however,  that  if  the  ballots  provided  for  any  polling  place 
are  not  delivered,  or  if  after  delivery  they  are  lost,  destroyed 
or  stolen,  the  city  or  town  clerk  or  election  commissioners 
shall  provide  ballots  similar  as  far  as  possible,  which  ballots 
may  be  used. 

SECTION  104.  The  city  or  town  shall  provide  and  the 
city  or  town  clerk  shall  prepare  ballots  to  be  used  in  city  or 
town  primaries,  and  no  other  ballots  shall  be  received  or 
counted.  No  ballots  as  herein  provided  shall  be  printed  in 
any  printing  establishment  owned  or  managed  by  the  city 
of  Boston. 

SECTION  105.  The  number  of  ballots  for  use  at  city  or 
town  primaries  shall  be  determined  by  the  city  clerk  in 
cities,  and  by  the  town  clerk  in  towns,  and  shall  not  for  any 
ward  or  town  exceed  one  ballot  of  each  party  for  each  voter 
therein. 

SECTION  106.  Ballots  for  each  party  shall  be  printed  on 
paper  of  a  different  color  from  that  on  which  the  ballots  for 
any  other  party  are  printed.  At  least  six  facsimile  copies 
of  the  ballot  for  each  party,  printed  on  colored  paper,  shall 
be  provided  for  each  polling  place  as  specimen  ballots. 


PRIMARIES.  41 


SECTION  107.  At  the  top  of  each  ballot  shall  be  printed 
the  words  "The  official  ballot  of  (here  shall  follow  the  party 
name)."  On  the  back  and  outside  of  each  ballot  when  folded  1911,  550,  §  12. 
shall  be  printed  the  words  "Official  ballot  of  the  (here  shall 
be  inserted  the  party  name)",  followed  by  the  number  of 
the  precinct  and  ward  or  the  name  of  the  town  for  which 
the  ballot  is  prepared,  the  date  of  the  primary  and  for  state 
or  presidential  primaries  a  facsimile  of  the  signature  of  the 
secretary  of  the  commonwealth  and  for  city  or  town  pri- 
maries a  facsimile  of  the  signature  of  the  city  or  town  clerk. 
Names  of  candidates  for  each  elective  office  shall  be  arranged 
alphabetically  according  to  their  surnames. 

Names  of  candidates  for  ward  or  town  committees,  and 
for  delegates  to  conventions  shall  be  arranged  in  groups  in  |£^r  of 
such  order  as  may  be  determined  by  lot,  under  the  direc- 
tion of  the  secretary  of  the  commonwealth,  who  shall  notify 
each  state  committee  and  give  a  representative  of  each  such 
committee  an  opportunity  to  be  present:   provided,  however,  Proviso. 
that,  when  necessary,  groups  may  be  printed  on  the  ballot 
in  two  or  more  columns. 

Against  the  name  of  a  candidate  for  an  elective  office,  for  street  and 
a  ward  or  town  committee  or  for  a  member  of  a  state  com- 
mittee  shall  be  printed  the  street  and  number,  if  any,  of 
his  residence. 

Against  the  name  of  a  candidate  for  an  elective  office  shall 
be  printed  the  statement  contained  in  the  nomination  paper  panted. 
placing  him  in  nomination. 

No  names  shall  be  printed  on  a  ballot  other  than  those  Names  to  be 
presented  on  nomination  papers.     Immediately  following  the 
names  of  candidates,  blank  spaces  equal  to  the  number  of 
persons  to  be  chosen  shall  be  provided  for  the  insertion  of 
other  names. 

The  number  of  persons  to  be  voted  for  for  the  different  Number  to  be 
offices  shall  be  stated  on  the  ballot.  Jtated  on  ° 


The  form  of  ballots  and  the  arrangement  of  printed  matter 
thereon  shall  be  in  general  the  same  as  that  of  the  official  ballots,  etc. 
state  ballots,  except  as  otherwise  provided  in  the  sections 
concerning  primaries. 

SECTION  108.     A  cross  [X]  marked  against  a  name  shall 
constitute  a  vote  for  the  person  so  designated.     A  cross  in 
the  circle  at  the  head  of  a  group  of  candidates  for  ward  §  132. 
committees  or  for  delegates  to  a  state  convention  shall  count 
as  a  vote  for  each  candidate  therein.     A  voter  may  vote  for 


42 


PRIMARIES. 


Delivery  of 
ballots,  etc., 
at  polling 
places. 

1907,  560, 
§  133. 

1908,  423,  §  1. 


Specimen 
ballots  to  be 
posted,  etc. 


Political  party, 
enrolment  of 
voters. 
1911,  550,  §  13. 


Voters  enrolled 
in  one  political 
party  not  to 
receive  the 
ballot  of 
another 
political  party 
except,  etc. 
1911,  550,  §  14. 


one  or  more  candidates  in  any  such  group  by  marking  a 
cross  against  the  name  of  each  such  candidate,  or  he  may 
insert  another  name  and  mark  a  cross  against  it.  If  he 
votes  for  more  candidates  than  the  number  to  be  elected, 
his  vote  shall  not  be  counted. 

SECTION  109.  The  city  or  town  clerk,  or  in  Boston  the 
election  commissioners,  before  the  opening  of  the  polls  on 
the  day  of  the  primary,  shall  deliver  at  the  polling  place  to 
the  warden  or,  if  he  is  not  present,  to  the  clerk  or,  if  both 
are  absent,  then  to  any  inspector,  ballot  boxes,  the  ballots, 
specimen  ballots,  voting  lists,  suitable  blank  forms  and  appa- , 
ratus  for  canvassing  and  counting  the  ballots  and  making 
the  returns,  a  seal  of  suitable  device  and  a  record  book  for 
each  polling  place.  The  presiding  officer  at  each  polling 
place  shall,  before  the  opening  of  the  primary,  conspicu- 
ously post  in  such  polling  place  at  least  six  specimen  ballots 
for  each  party,  which  shall  be  kept  so  posted  until  the  polls 
are  closed,  except  that  where  voting  booths  are  provided  two 
of  such  specimen  ballots  for  each  party  may  be  posted  on 
such  booth. 

SECTION  110.  When,  in  a  primary,  a  voter  seeks  to  pass 
the  guard  rail,  he  shall  be  asked  by  one  of  the  ballot  clerks, 
with  which  political  party  he  desires  to  be  enrolled,  and  the 
ballot  clerk  upon  reply  shall  distinctly  announce  the  name  of 
such  political  party  and  give  him  such  political  party  ballot. 
The  voter's  selection  shall  be  checked  on  the  voting  list 
used  by  the  ballot  clerk  and  such  list  shall  be  returned  to  the 
election  commissioners  in  Boston,  or  to  the  city  clerk  in  any 
other  city,  or  to  the  town  clerk  in  towns,  for  preservation 
during  the  next  succeeding  five  calendar  years.  The  party 
enrolment  of  voters  on  such  voting  lists,  and  all  subsequent 
party  enrolment  of  voters,  shall  be  transferred  each  year  to 
the  voting  lists  used  at  subsequent  primaries,  providing  the 
names  of  such  voters  have  been  entered,  in  Boston,  in  the 
annual  register  prepared  by  the  election  commissioners  from 
the  police  lists,  and  in  other  cities  and  in  towns,  in  the  annual 
register  prepared  from  the  assessors'  lists. 

SECTION  111.  No  voter  enrolled  at  a  primary  shall  be 
allowed  to  receive  the  ballot  of  any  political  party  except 
that  with  which  he  is  so  enrolled,  but  he  may  establish, 
change  or  cancel  his  enrolment  by  appearing  in  person  before 
the  election  commissioners  in  Boston,  the  city  clerk  in  any 
other  city,  or  the  town  clerk  in  towns,  and  requesting  in 
writing  to  have  his  enrolment  changed  to  another  party,  or 


STATE  PRIMARIES.  43 


cancelled  :  provided,  that  such  change  or  cancellation  shall  not 

take  effect  until  the  expiration  of  ninety  days  after  the  voter 

so  appears.     No  voter  enrolled  as  a  member  of  one  political 

party  shall  be  allowed  to  receive  the  ballot  of  any  other 

political  party,  upon  a  claim  by  him  of  erroneous  enrolment, 

except  upon  a  certificate  of  such  error  from  the  election  com- 

missioners or  board  of  registrars,  as  the  case  may  be,  which 

certificate   shall   be  presented   to   the   presiding   officer   of 

the  primary  and  preserved  as  part  of  the  records  of  such 

primary;   but  the  political  party  enrolment  of  a  voter  shall 

not  preclude  him  from  receiving  at  a  city  or  town  primary 

the  ballot  of  any  municipal  party,  though  in  no  one  pri- 

mary shall  he  receive  more  than  one  party  ballot.     All  party  Certain  party 

enrolments  at  city  or  town  primaries  prior  to  the  passage  of 

this  act  are  hereby  cancelled. 

SECTION  112.     In  the  counting  of  votes  when  the  ballots 
are  removed  from  the  ballot  box,  they  shall  first  be  sorted  1007,  seo, 
into  piles,  one  for  each  party,  and  each  pile  shall  be  counted 
and  sealed  separately.     Votes   shall  be   counted   only  for 
nominations  of  the  party  on  whose  ballot  they  appear. 

Provisions  applying  to  State  Primaries. 
SECTION  113.     The  nomination  of  candidates  of  political  Nominations 

rr>  i       nn     i  i  •         anc*  elections 

parties  for  all  offices  to  be  filled  at  a  state  election,  excepting  at  state 
the  office  of  presidential  elector,  and  the  election  of  district  Sii^Sof's  i. 
members  of  state  committees,  members  of  ward  and  town 
committees,  and  of  delegates  to  state  conventions  of  politi- 
cal parties  shall  be  by  direct  plurality  vote  in  primaries. 

The  number  of  district  members  of  the  state  committee,  District  mem- 
not  less  than  one  from  each  senatorial  district,  and  the  num- 
ber  of  delegates  to  the  state  convention,  not  less  than  one 
for  each  ward  or  town,  to  be  elected,  shall  be  fixed  by  the 
state  committee,  and  the  number  of  members  of  ward  and 
town  committees,  not  less  than  three  for  each  ward  and 
town,  to  be  elected,  shall  be  fixed  by  the  city  and  town  com- 
mittees. Notice  of  the  number  of  delegates  and  of  members  Notice  of  n 
of  committees  shall  be  given  by  the  state,  city  or  town 
committees,  as  the  case  may  be,  to  the  secretary  of  the 
commonwealth,  on  or  before  the  first  day  of  August. 

SECTION  114.     In  cities  or  towns  where  the  question  of  Notice  of 
holding  primaries  by  wards,  precincts,  or  groups  of  pre-  to5dmatlon 
cincts  is  determined  by  the  aldermen  or  selectmen,  notice  of 
such  determination  shall  be  given  to  the  secretary  of  the 


STATE  PRIMARIES. 


pricincts  to  be 
given  to  the 
secretary  of 
the  common- 
wealth. 
1911,  550,  §  2. 

When  polls 
shall  be  open. 
1911,  550,  §  3. 
1912,274,  §1. 


Nominations 
to  be  by 
nomination 
papers,  etc. 
1911,  550,  §  4. 


Nomination 
of  candidates 
for  election. 


Nomination 
papers, 
contents,  etc. 
1907,  560, 
§§  120,  121. 

1911,  550,  §  5. 

1912,  446,  §  2, 
483,  §  1. 


Signature,  etc. 


commonwealth,  by  the  aldermen  or  selectmen  on  or  before 
the  first  day  of  August;  except  that  in  case  of  primaries 
before  special  elections,  such  notice  shall  be  given  at  least 
fourteen  days  before  the  primaries. 

SECTION  115.  The  polls  at  every  state  primary  shall  be 
open  during  such  hours,  not  less  than  nine  in  cities  or  two 
in  towns,  as  may  be  designated  by  the  board  of  election 
commissioners  in  Boston,  the  aldermen  in  other  cities,  and 
the  selectmen  in  towns. 

SECTION  116.  The  nomination  of  candidates  for  nomi- 
nation at  state  primaries  shall  be  by  nomination  papers.  In 
the  case  of  offices  to  be  filled  by  all  the  voters  of  the  com- 
monwealth such  papers  shall  be  signed  in  the  aggregate  by 
at  least  one  thousand  voters,  not  less  than  two  hundred 
and  fifty  to  be  from  each  of  four  different  counties.  In  the 
case  of  all  other  offices  to  be  filled  at  a  state  election,  by  a 
number  of  voters  equal  in  the  aggregate  to  five  voters  for 
each  ward  or  town  in  the  district  or  county,  but  in  no  case 
shall  more  than  two  hundred  and  fifty  be  required. 

The  nomination  of  candidates  for  election  at  state  pri- 
maries shall  be  made  as  in  the  case  of  candidates  for  nomi- 
nation for  state  offices  other  than  those  to  be  filled  by  all 
the  voters  of  the  commonwealth. 

SECTION  117.  Every  nomination  paper  shall  state,  in 
addition  to  the  name  of  the  candidate,  (1)  his  residence, 
with  street  and  number  thereof,  if  any,  (2)  the  office  for 
which  he  is  nominated,  (3)  the  political  party  which  he 
represents,  and  except  for  candidates  for  ward  and  town 
committees  and  delegates  to  conventions  the  paper  may 
state,  in  not  more  than  eight  words,  the  occupation  of  the 
candidate,  the  public  offices  which  he  has  held,  or  that  he 
is  a  candidate  for  renomination,  provided  he  is  at  the  time 
an  incumbent  of  the  office  for  which  he  seeks  renomination 
for  another  term,  but  not  otherwise.  Every  voter  who  signs 
such  paper  shall  sign  it  in  person,  with  his  full  surname,  his 
Christian  name,  and  the  initial  of  every  other  name  which 
he  may  have,  and  shall  state  his  residence  of  the  previous 
first  day  of  April,  as  well  as  the  place  where  he  is  then  liv- 
ing, with  the  street  and  number  thereof;  but  any  voter  who 
is  prevented  by  physical  disability  from  writing,  or  who  had 
the  right  to  vote  on  the  first  day  of  May  in  the  year  eight- 
een hundred  and  fifty-seven,  may  authorize  some  person  to 
write  his  name  and  residence  in  his  presence;  and  every 
voter  may  sign  as  many  nomination  papers  for  each  office 


STATE  PRIMARIES.  45 

to  be  filled  as  there  are  persons  to  be  nominated  for  or  elected 
thereto,  and  no  more. 

Such  papers  shall  also  contain  the  statement  that  the  TO  contain 
signers  thereof  are  members  of  the  party  represented  by  the  8tatement- etc- 
candidate  and  are  entitled  to  vote  in  the  primaries  of  that 
party;  and  whoever  knowingly  subscribes  falsely  to  a  state-  Penalty, 
ment  on  a  nomination  paper  shall  be  punished  by  imprison- 
ment for  not  more  than  five  days  or  by  a  fine  not  exceeding 
fifty  dollars.     No  nomination  paper,  except  for  a  delegate  or  Acceptance, 
delegates  to  a  convention,  shall  be  valid  in  respect  to  any 
candidate  whose  written  acceptance  is  not  thereon. 

None  but  enrolled  voters  of  the  party  represented  by  a  who  may 
candidate,  and  voters  who  are  not  enrolled  in  any  party,  81snPaPers- 
shall  be  entitled  to  sign  the  nomination  paper  of  such  candi- 
date.    No  nomination  paper  shall  contain  the  name  of  more  Not  to  contain 
than  one  candidate  except  in  the  case  of  delegates  to  the  thaneonem°re 
state  convention  and  members  of  ward  and  town  committees.  SSS?8^ 

except,  etc. 

SECTION  118.     Every  nomination  paper  shall  be  submitted  Nomination 
on  or  before  five  o'clock  in  the  afternoon  of  the  Saturday  SbmTttecHo 
preceding  the  day  on  which  it  must  be  filed  to  the  registrars  SoSm  to  the 
of  the  city  or  town  in  which  the  signers  appear  to  be  voters,  m!ssionerem~ 
and  in  Boston  to  the  election  commissioners,   who  shall  JJJ1-  55°-  5 6- 
forthwith  certify  thereon  the  number  of  signatures  which  1912,275, 
are  names  of  voters  not  enrolled  in  any  other  party  than  §  2. ' 
that  represented  by  the  candidate  whose  name  appears  in 
the  nomination  paper  both  in  the  city  or  town  and  in  the 
district  for  which  the  nomination  is  made.     They  need  not 
certify  a  greater  number  of  names  than  are  required  to 
make  a  nomination,  with  one  fifth  of  such  number  added 
thereto.     Names  not  certified  in  the  first  instance  shall  not 
thereafter  be  certified  on  the  same  nomination  papers.     The 
secretary  of  the  commonwealth  shall  not  be  required  in  any 
case  to  receive  nomination  papers  for  a  candidate  after  re- 
ceiving papers  containing  a  sufficient  number  of  certified 
names  to  make  a  nomination,  with  one  fifth  of  such  number 
added  thereto.     For  the  purpose  of  certifying  to  the  names  Registrars  and 
on  primary  nomination  papers  it  shall  be  the  duty  of  the 
board  of  registrars  of  voters,  in  Boston  the  election  com- 
missioners,  to  hold  meetings  on  the  four  Saturdays  next 
preceding  the  date  on  which  such  papers  are  required  to  be  papers. 
filed  with  the  secretary  of  the  commonwealth,  except  that 
such  meetings  shall  be  held  on  the  two  Saturdays  next  pre- 
ceding the  date  on  which  the  papers  are  required  to  be  so 
filed  for  primaries  before  special  elections. 


46 


STATE  PRIMARIES. 


No  person  to 
be  a  candidate 
for  more  than 
one  office, 
except,  etc. 


Nomination 

papers, 

preparation, 

etc. 

1911,  550,  §  7. 


Nomination 
papers,  last 
day  for  filing. 

1911,  550,  §  8. 

1912,  274,  §  2, 
446,  §  3. 


Nomination 
in  case  of 
death,  with- 
drawal or 
ineligibility. 
1911,  550,  §  10. 


Proviso. 


Time  of  filling 
vacancies 
caused  by 
withdrawal. 
1907,  560, 
§  181. 

To  be  open  to 
objections. 

No  vacancy 
to  be  filled 
before  with- 
drawal is  filed. 
No  ballots  to 
be  counted 
before  close  of 
polls. 

1911,  550,  §  15. 
Canvass  and 
returns  of 
votes,  etc. 

1911,  550,  §  16. 

1912,  261. 


No  person  shall  be  a  candidate  for  nomination  for  more 
than  one  office  for  which  such  nominations  are  made;  but 
this  shall  not  apply  to  candidates  for  membership  in  politi- 
cal committees  or  delegations  to  the  state  convention. 

SECTION  119.  Nomination  papers  for  use  in  the  nomi- 
nation of  candidates  to  be  voted  for  at  state  primaries  shall 
be  prepared  and  furnished  by  the  secretary  of  the  common- 
wealth, upon  request. 

SECTION  120.  All  nomination  papers  of  candidates  to  be 
voted  for  at  state  primaries  shall  be  filed  with  the  secretary 
of  the  commonwealth  on  or  before  the  fifth  Tuesday  pre- 
ceding the  day  of  the  primaries;  except  in  the  case  of  pri- 
maries before  special  elections,  when  nomination  papers 
shall  be  filed  on  or  before  the  second  Tuesday  preceding  the 
day  of  the  primaries. 

SECTION  121.  If  a  person  nominated  to  be  voted  for  at  a 
state  primary  dies  before  the  day  of  the  primary,  or  with- 
draws his  name  from  nomination,  or  is  found  to  be  ineligible, 
the  vacancy  may  be  filled,  in  the  case  of  a  candidate  for 
nomination,  by  the  state  committee,  if  the  candidate  is  one 
to  be  voted  for  by  all  the  voters  of  the  commonwealth;  and 
in  the  case  of  all  other  candidates,  by  the  members  of  the 
ward  and  town  committees  in  the  wards  and  towns  com- 
prising the  respective  districts,  and  in  the  case  of  a  candi- 
date for  election,  by  the  said  ward  and  town  committees: 
provided,  however,  that  the  death,  withdrawal  or  ineligibility 
of  a  candidate  for  nomination  shall  not  be  treated  as  creat- 
ing a  vacancy  to  be  filled  unless  by  reason  of  such  vacancy 
there  would  be  no  candidate  for  the  party  nomination  for 
the  office. 

SECTION  122.  In  cases  of  withdrawal  nominations  to  fill 
vacancies  shall  be  filed  with  the  secretary  of  the  common- 
wealth within  seventy-two  week-day  hours  succeeding  five 
o'clock  in  the  afternoon  of  the  last  day  for  filing  withdrawals. 

They  shall  be  open  to  objections  in  the  same  manner,  so 
far  as  practicable,  as  other  nominations. 

No  vacancy  caused  by  withdrawal  shall  be  filled  before 
the  withdrawal  has  been  filed. 

SECTION  123.  No  ballots  cast  at  a  state  primary  shall  be 
counted  until  the  close  of  the  polls. 

SECTION  124.  Upon  the  receipt  of  the  records  of  votes 
cast  at  state  primaries  the  city  or  town  clerk  or  election 
commissioners  shall  forthwith  canvass  the  same  and  make 
return  of  the  votes  for  candidates  for  nomination  for  state 


STATE  PRIMARIES.  47 

offices,  and  for  election  as  members  of  the  state  committee, 
to  the  secretary  of  the  commonwealth,  who  shall  forthwith 
canvass-  such  returns,  determine  the  results  thereof,  notify 
the  successful  candidates,  and  certify  to  the  state  committees 
the  names  of  the  persons  nominated  for  state  offices  and 
elected  as  members  of  the  state  committees. 

Said  clerks  or  commissioners  shall  determine  the  results  Determina- 
of  the  vote  for  delegates  to  the  state  conventions  and  mem- 


bers  of  ward  and  town  committees,  issue  proper  certificates 
thereof  to  the  successful  candidates,  and  notify  the  chair- 
men  of  the  city  and  town  committees  of  the  respective  parties. 

SECTION  125.     In  case  of  a  tie  vote  for  any  candidate  for  Tie  vote  for 
nomination  for  an  office  to  be  filled  by  all  the  voters  of  the 
commonwealth  the  vacancy  shall  be  filled  by  the  state 
committee 

In  case  of  a  tie  vote  for  any  other  candidate  for  nomina- 
tion  the  vacancy  shall  be  filled  by  the  members  of  the  ward  1911,550,  §  17. 
and  town  committees  in  the  wards  and  towns  comprising 
the  districts  for  which  the  nominations  are  to  be  made.  If 
there  is  a  tie  vote  for  delegates  to  a  convention,  or  a  place  vacancy,  etc. 
unfilled  in  a  delegation,  or  a  vacancy  occasioned  by  in- 
ability  or  neglect  of  a  delegate  elected  to  attend  a  conven- 
tion,  such  vacancies  shall  be  filled  only  by  vote  of  the  re- 
maining members  of  the  delegation  at  a  meeting  called  for 
the  purpose.  Such  meeting  shall  choose  a  chairman  and 
secretary,  and  the  secretary  shall  notify  the  secretary  of 
the  convention  of  the  action  taken  relative  to  such  vacancy, 
except  that,  if  only  one  delegate  or  two  delegates  were  to  be 
elected,  the  delegate  or  the  remaining  delegate,  as  the  case 
may  be,  shall  fill  such  vacancy  and  notify  the  secretary  of 
the  convention  of  such  action. 

If  there  is  a  tie  vote  for  members  of  a  ward  or  town  com-  Tie  vote  for 
mittee,  the  members  elected  shall  fill  the  vacancy.  SSSSU? 

If  a  majority  of  a  delegation,  or  of  a  ward  or  town  com-  y^^  when 
mittee,  is  not  elected  the  vacancy  shall  be  filled  by  the  a  majority  of  a 
ward  or  town  committees.  committee  are 

All  vacancies  caused  by  ties  shall  be  filled  only  by  the  e£ele  tedt 
choice  of  one  of  the  candidates  receiving  the  tie  vote.  SuaSfb9  ties 

SECTION  126.     A  political  party  may,  upon  the  call  of  ie 

its  state  committee,  but  not  earlier  than  one  week  nor  later 
than  two  weeks,  after  the  holding  of  the  primaries,  hold  a 
state  convention  for  the  purpose  of  adopting  a  platform,  jgj  jm  |ltj 
electing  such  number  of  members  at  large  of  the  state  com-  1912,'  255! 
mittee  as  may  be  fixed  by  the  state  committee,  nominating 


48 


CITY  AND  TOWN  PRIMARIES. 


presidential  electors,  and  for  such  other  purposes  not  incon- 
sistent with  this  act  as  the  state  committee  or  the  conven- 
tion may  determine.  Such  convention  shall  consist  of  the 
delegates  elected  at  the  state  primary  (in  number  not  less 
than  one  for  each  ward  and  town),  the  members  of  the  state 
committee,  the  United  States  senators  from  Massachusetts 
who  are  members  of  the  party,  the  nominees  of  the  party 
for  all  offices  to  be  filled  at  the  state  election,  and  in  years 
in  which  no  elections  are  held  for  such  offices,  the  incum- 
bents of  those  offices  who  are  members  of  the  party. 
Secretary  of  SECTION  127.  The  secretary  of  the  commonwealth  may 

the  common-  .     % 

wealth  may       employ  such  temporary  clerical  assistance  as  he  may  deem 

employ  tern-  ,  .    .  «     •,  .  i     .* 

porary  clerical  necessary  to  carry  out  the  provisions  01  this  act  relative  to 
primaries:  provided,  however,  that  the  provisions  of  chapter 
nineteen  of  the  Revised  Laws  and  the  civil  service  rules 
made  thereunder  shall  not  apply  to  such  employment. 

Provisions  applying  to  City  and  Town  Primaries. 

SECTION  128.  All  primaries  of  political  and  municipal 
parties  for  the  nomination  of  candidates  to  be  voted  for  at 
city  and  town  elections  in  cities,  and  in  towns  using  official 
ballots,  which  vote  that  primaries  shall  be  held  therein,  shall 
be  conducted  in  general  accordance  with  the  provisions  of 
law  concerning  primaries. 

SECTION  129.  In  any  city  or  town  which  has  adopted  the 
provisions  of  law  for  nominating  by  primaries,  the  following 
question  shall  be  put  on  the  official  ballot  at  any  city  elec- 
tion or  annual  town  meeting  on  petition  of  five  per  cent  of 
the  voters  registered  at  the  time  of  the  preceding  city  elec- 
tion or  annual  town  meeting,  filed  with  the  city  or  town 
clerk  on  or  before  the  last  day  of  filing  nomination  papers: 
"Shall  primaries  for  the  nomination  of  candidates  to  be 
voted  for  at  city  (or  town)  elections  continue  to  be  held  in 
this  city  (or  town)?"  In  any  city  or  town  not  nominating 
by  primaries  the  following  question  may,  by  similar  peti- 
tion, be  put  on  the  ballot  at  the  next  city  election  or  annual 
town  meeting:  —  "Shall  primaries  for  the  nomination  of 
candidates  to  be  voted  for  at  city  (or  town)  elections  be 
held  in  this  city  (or  town)?"  In  the  event  of  an  affirmative 
or  negative  vote  on  these  questions,  such  primaries  shall  or 
shall  not  thereafter  be  held  accordingly. 

Clerks  of  cities  or  towns  which  vote  to  hold  primaries  or 
to  rescind  such  action  shall  forthwith  notify  the  secretary 
of  the  commonwealth  of  such  vote. 


1911,  550,  §  19. 
Proviso. 


Primaries  for 
the  nomina- 
tion of 
candidates  to 
be  voted  for  at 
city  and  town 
elections. 
1907,  560, 
§  144. 
1909,  486,  §  52. 

Question  of 
adoption  or 
revocation  to 
be  submitted 
to  voters  upon 
petition. 
1907,  560, 
§  145. 


Secretary  of 
the  common- 
wealth to  be 
notified. 


CITY  AND  TOWN  PRIMARIES.  49 

SECTION  130.    Notices  of  intention  to  participate  in  pri-  Notices  of 

........  .  .  f  *  *          intention  to 

manes  shall  be  furnished  by  the  city  and  town  committees 
of  such  political  and  municipal  parties  as  are  entitled  to  and 
desire  to  participate  therein  not  less  than  twenty-two  days  Hie.560' 
prior  to  the  day  on  which  the  primaries  are  to  be  held,  to 
the  city  clerk  in  cities  or  the  town  clerk  in  towns. 

SECTION  131.    The  city  or  town  shall  provide,  and  the  Blank 
city  or  town  clerk  shall  seasonably  prepare,  blank  nomina- 
tion  papers  for  use  in  the  nomination  of  candidates  to  be 
voted  for  at  city  or  town  primaries.     Such  papers  shall  state  8 119- 
the  place  where,  and  the  day  and  hour  prior  to  which,  signed 
nomination  papers  shall  be  filed. 

SECTION  132.     Nominations    of    candidates    for    elective  Nominations 
offices,  to  be  voted  for  at  a  primary,  shall  be  made  by  nomi-  n^mhlatkm by 
nation  papers,  as  hereinafter  provided.     Such  nominations  f^l&o?0' 
shall  be  made  on  the  blank  nomination  papers  prepared  in  $  120- 
accordance  with  the  preceding  section;   and  no  nomination 
paper  offered  for  filing  shall  be  received  or  shall  be  valid  to 
which  is  attached  any  card,  paper  or  other  device  contain- 
ing the  name  of  a  candidate,  his  written  acceptance,  or  the 
signature  of  any  voter  required  by  this  section.     Such  papers  signatures, 
shall  be  signed  in  person  by  at  least  five  voters  of  the  ward  etc* 
or  town  in  which  the  primary  is  to  be  held,  who  shall  add 
to  their  signatures  the  street  and  number,  if  any,  of  their 
residences.     Such  papers  for  a  district  composed  of  more 
than  one  ward  shall  be  signed  by  a  number  of  voters  equal 
in  the  aggregate  to  not  less  than  five  voters  for  each  ward 
in  said  district.     Nomination  papers  shall  not  contain  a 
larger  number  of  names  of  candidates  than  there  are  per- 
sons to  be  elected.     No  nomination  paper  shall  be  valid  in  Acceptances, 
respect  to  any  candidate  whose  written  acceptance  is  not 
thereon.     No  vacancy  caused  by  the  death,  withdrawal  or 
ineligibility  of  any  candidate  shall  be  filled,  unless  the  per- 
son entitled  to  fill  such  vacancy  files  the  written  acceptance 
of  the  candidate  who  is  nominated  to  fill  the  vacancy. 

SECTION  133.     Every   nomination   paper  shall   state,   in  Nomination 
addition  to  the  name  of  the  candidate,  (1)  his  residence,  Sset^n" 
with  street  and  number  thereof,  if  any,  (2)  the  office  for  which  JJ0^56^ 
he  is  nominated,  (3)  the  political  or  municipal  party  which  wn,  550,  §  5. 
he  represents,  and  the  paper  may  state,  in  not  more  than 
eight  words,  the  occupation  of  the  candidate,  the  public 
offices  which  he  has  held,  or  that  he  is  a  candidate  for  renom- 
ination,  provided  he  is  at  the  time  an  incumbent  of  the 
office  for  which  he  seeks  renomination  for  another  term, 


50 


CITY  AND  TOWN  PRIMARIES. 


Signatures. 


To  contain 
statement,  etc. 


Penalty. 


Nomination 
papers  to  be 
filed  with  city 
or  town  clerk. 
1907,  560, 
§  122. 
1913,  559. 

To  be  sub- 
mitted to 
registrars,  etc. 


Vacancies, 
how  filled. 
1907,  560, 
§  126. 


but  not  otherwise.  Every  voter  who  signs  such  paper  shall 
sign  it  in  person,  with  his  full  surname,  his  Christian  name, 
and  the  initial  of  every  other  name  which  he  may  have,  and 
shall  state  his  residence  of  the  previous  first  day  of  April, 
as  well  as  the  place  where  he  is  then  living,  with  the  street 
and  number  thereof;  but  any  voter  who  is  prevented  by 
physical  disability  from  writing,  or  who  had  the  right  to 
vote  on  the  first  day  of  May  in  the  year  eighteen  hundred 
and  fifty-seven,  may  authorize  some  person  to  write  his 
name  and  residence  in  his  presence;  and  every  voter  may 
sign  as  many  nomination  papers  for  each  office  to  be  filled 
as  there  are  persons  to  be  nominated  for  or  elected  thereto, 
and  no  more. 

Such  paper  shall  also  contain  the  statement  that  the 
signers  thereof  are  members  of  the  party  represented  by  the 
candidate  and  are  entitled  to  vote  in  the  caucuses  or  primaries 
of  that  party;  and  whoever  knowingly  subscribes  falsely 
to  a  statement  on  a  nomination  paper  shall  be  punished 
by  imprisonment  for  not  more  than  five  days  or  by  a  fine 
not  exceeding  fifty  dollars. 

SECTION  134,  All  nomination  papers  of  candidates  to 
be  voted  for  at  city  or  town  primaries  shall  be  filed  with 
the  city  or  town  clerk  not  less  than  ten  week  days  previous 
to  the  day  on  which  the  primary  is  to  be  held  for  which 
the  nominations  are  made.  Every  such  nomination  paper 
shall  be  submitted  at  or  before  five  o'clock  in  the  afternoon 
of  the  Saturday  preceding  the  day  on  which  it  must  be  filed 
to  the  registrars  of  the  city  or  town  in  which  the  signers 
appear  to  be  voters,  and  the  registrars  shall  forthwith  certify 
thereon  a  number  of  signatures  which  are  names  of  voters 
not  enrolled  in  any  other  party  than  that  represented  by 
the  candidate  whose  name  appears  in  the  nomination  papers 
both  in  the  city  or  town  and  in  the  district  for  which  the 
nomination  is  made.  They  need  not  certify  a  greater 
number  of  names  than  are  required  to  make  a  nomination 
with  one  fifth  of  such  number  added  thereto.  Names  not 
certified  in  the  first  instance  shall  not  thereafter  be  certified 
on  the  same  nomination  papers.  The  city  or  town  clerk 
shall  not  be  required,  in  any  case,  to  receive  nomination 
papers  for  a  candidate  after  receiving  papers  containing  a 
sufficient  number  of  certified  names  to  make  a  nomination, 
with  one  fifth  of  such  number  added  thereto. 

SECTION  135.  In  case  of  a  vacancy  caused  by  the  death, 
withdrawal  or  ineligibility  of  a  candidate,  the  person  who 


PRESIDENTIAL  PRIMARIES.  51 

filed  the  nomination  paper  placing  such  candidate  in  nomina- 
tion may  fill  the  vacancy  by  presenting  a  new  name  on  a 
nomination  paper  signed  by  himself  with  his  own  hand. 
If  such  vacancy  was  caused  by  withdrawal  the  nomination 
paper  shall  be  filed  within  twenty-four  week-day  hours 
succeeding  five  o'clock  of  the  last  day  for  making  withdrawals. 

SECTION  136.    The  polls  at  every  such  primary  shall  be  Polls  to  be 
open  during  such  hours,  not  less  than  nine  in  cities  or  four  SSai^hJJSa. 
in  towns,  as  may  be  designated  by  the  aldermen  of  cities,  j9?^560' 
and  the  selectmen  of  towns. 

SECTION  137.     City  clerks  in  cities,  and  town  clerks  in  canvass  of 
towns,  shall  canvass  the  returns  of  votes,  determine  the  vo^etl 
results,  and  issue  proper  certificates  thereof  to  the  successful  J9^*60- 
candidates. 

Provisions  applying  to  Presidential  Primaries. 

SECTION  138.     In    any    year    in    which    candidates    for  Delegates  to 
presidential  electors  are  to  be  elected,  the  election  of  delegates  ventSnl  tTbe 
and  of  alternate  delegates  to  national  conventions  of  political  dSecT^uraiity 
parties  shall  be  by  direct  plurality  vote  in  primaries.  1912 '254 

The  number  of  district  delegates  and  the  number  of  dis-  Number' to  be 
trict  alternate  delegates,  not  less  than  one  from  each  con- 
gressional  district,  and  the  number  of  delegates  and  alternate 
delegates  at  large,  shall  be  fixed  by  the  state  committee. 
Notice  of  the  number  of  delegates  to  be  elected  shall  be  given  Notice  to  be 
to  the  secretary  of  the  commonwealth  on  or  before  the  third  farJnof°thTre~ 
Wednesday  in  March  by  the  state  committee  of  each  political  J^JJ^011" 
party  which  intends  to  participate  in  such  primaries. 

SECTION  139.     In  cities  and  towns  where  the  question  Notice  of 
of  holding  primaries  by  wards,  precincts  or  groups  of  pre-  toSdmatl°n 
cincts  is  determined  by  the  aldermen  or  selectmen,  notice  SaSJI^iy 
of  such  determination  shall  be  given  to  the  secretary  of  cinctsor, 

iitiii  groups  of 

the  commonwealth  by  the  aldermen  or  selectmen  on  or     eccts 
before  the  third  Wednesday  in  March. 

SECTION  140.     In  primaries  at  which  delegates  to  national 
conventions  of  political  parties  are  elected,  the  secretary 
of  the  commonwealth  shall  cause  to  be  placed  first  upon  f°r  president 
the  ballots  of  such  political  party  the  names  of  candidates  president  of 
for  the  nomination  by  such  political  party  for  the  office  of  Steteint?be 
president  of  the  United  States  and  of  vice  president  of  the  gLuSlupon 
United  States,  arranged,  under  separate  headings  for  each  1912*  2^4>  5  3- 
office,  alphabetically  according  to  their  surnames,  and  each 
voter  may  express  his  preference  for  such  candidates  in  the 


52 


CAUCUSES. 


Nominations 
to  be  by 
nomination 
papers,  etc. 


Canvass  and 
return  of 
votes  for 
delegates,  etc. 


Canvass  and 
return  of 
votes  for  pref- 
erence, etc. 


Vacancy  in 
delegation  to 
a  national 
convention, 
how  filled. 


Proviso. 


Certain  pro- 
visions of  law 
to  apply. 
1912,  254,  §  4. 


same  manner  as  in  voting  for  candidates  for  state  offices  to 
be  voted  for  by  all  the  voters  of  the  commonwealth. 

The  nomination  of  candidates  for  nomination  for  the 
office  of  president  of  the  United  States  and  of  vice  president 
of  the  United  States  shall  be  made  by  nomination  papers 
as  in  the  case  of  offices  to  be  filled  by  all  the  voters  of  the 
commonwealth. 

Upon  the  receipt  of  the  records  of  votes  cast  at  presidential 
primaries  the  city  or  town  clerk  or  election  commissioners 
shall  forthwith  canvass  the  same  and  make  return  thereof 
to  the  secretary  of  the  commonwealth,  who  shall  forthwith 
canvass  such  returns  for  delegates,  determine  the  results 
thereof,  and  notify  the  successful  candidates. 

The  votes  cast  for  preference  shall  be  returned  and  can- 
vassed in  the  same  manner  as  in  the  case  of  votes  for  state 
offices  to  be  filled  by  all  the  voters  of  the  commonwealth, 
and  the  secretary  of  the  commonwealth  shall  forthwith 
certify  the  result  to  the  state  committees  of  the  respective 
political  parties. 

SECTION  141.  In  case  of  a  vacancy  caused  by  the  death, 
withdrawal  or  ineligibility  of  a  candidate  for  delegate  to 
a  national  convention  the  vacancy  may  be  filled  in  such 
manner  as  may  be  provided  on  the  nomination  paper  placing 
such  candidate  in  nomination:  provided,  however,  that  such 
provision  is  clearly  stated  on  such  paper  before  the  signature 
of  any  voter  is  entered  thereon.  When  no  such  provision 
is  made  the  remaining  candidate  or  candidates  nominated 
by  the  same  nomination  paper  may  fill  the  vacancy.  In  the 
case  of  a  withdrawal,  such  vacancy  must  be  filled  by  filing 
in  the  office  of  the  secretary  of  the  commonwealth,  within 
seventy-two  week-day  hours  succeeding  five  o'clock  in  the 
afternoon  of  the  last  day  for  filing  withdrawals,  a  statement 
in  writing  signed  by  the  person  or  persons  authorized  to  fill 
the  vacancy  giving  the  name  and  residence  of  the  candidate 
nominated  accompanied  by  the  written  acceptance  of  such 
candidate. 

SECTION  142.  The  provisions  of  law  relating  to  primaries 
not  inconsistent  with  the  three  preceding  sections  shall 
apply  to  presidential  primaries  so  far  as  is  practicable. 


Caucuses  may 
be  held  by 
precincts,  or 
groups  of 
precincts  in 
certain  cases. 


Provisions  applying  to  All  Caucuses  of  Political  Parties. 

SECTION  143.  If  in  a  city,  except  Boston,  or  town  wherein 
elections  are  held  by  precincts,  the  city  or  town  committee  of 
either  of  the  two  leading  political  parties  shall  file  with  the 


CAUCUSES.  .  53 

aldermen  or  selectmen,  at  least  two  weeks  prior  to  the  time  1907,  seo,  §  97. 

of  holding  its  caucuses,  a  notice  that  such  party  desires  1911>378- 

to  hold  its  caucuses  by  precincts,  or  by  groups  of  precincts 

in  any  ward,  the  aldermen  or  selectmen  shall  furnish  a  polling 

place  in  each  precinct  for  the  use  of  such  party,  as  provided 

in  section   one  hundred  and  sixty-one,  and  the  caucuses 

of  such  party  shall  be  held  accordingly. 

SECTION  144.  Caucuses  relative  to  a  special  election  Caucuses 
shall  be  held  at  such  time  and  place  and  subject  to  such 
reasonable  notice  as  the  political  committee  whose  duty 
it  is  to  provide  for  holding  the  same  may  determine.  Calls 
therefor  shall  be  issued  by  the  chairman  and  secretary  of 
said  political  committee. 

SECTION  145.  Every  caucus  of  a  political  party  shall 
be  called  by  a  written  or  printed  notice.  No  caucus  or 
meeting  of  a  political  party  not  so  called  shall  be  recognized 
as  valid  under  this  title.  It  shall  be  the  duty  of  the  presiding 
officer  at  a  caucus  to  open  such  caucus  at  the  hour  appointed 
therefor  in  the  notice  thereof. 

SECTION  146.  Notices  of  caucuses  shall  apply  to  all 
members  of  the  political  party  calling  them,  and  to  them  apply  only  to 

,  .        ,  .  T.I    members  of 

only.     No  person  having  voted  in  the  caucus  of  one  political  political  party 
party  shall  be  entitled  to  vote  or  take  part  in  the  caucus  e?c.ing 
of  another  political  party  within  the  ensuing  twelve  months,  ^oi.560' 
Except  that  voting  or  taking  part  in  the  caucuses  of  any 
municipal  party  by  any  voter  shall  not  affect  his  legal  right 
to  vote  or  to  take  part  in  the  caucuses  of  any  other  political 
party,  for  any  other  election;  and  having  voted  or  taken 
part  in  the  caucuses  of  another  political  party  for  any  pre- 
vious election,  shall  not  affect  his  right  to  vote  or  take  part 
in  the  caucuses  of  any  municipal  party.     No  voter  shall 
be  prevented  from  voting  or  participating  in  any  caucus 
if  he  takes  the  following  oath  which  shall  be  administered 
to  him  by  the  presiding  officer  of  the  caucus: 

You  do  solemnly  swear  (or  affirm)  that  you  are  a  registered  voter  Form  of  oath, 
in  this  ward  (or  town)  and  have  the  legal  right  to  vote  in  this  caucus; 
that  you  are  a  member  of  the  political  party  holding  the  same,  and 
intend  to  vote  for  its  candidates  at  the  polls  at  the  election  next 
ensuing;  and  that  you  have  not  taken  part  or  voted  in  the  caucus  of 
any  other  political  party  for  twelve  months  last  past. 

Such  voter  may  be  challenged  like  any  other  voter.  Any  Person  whose 
person  whose  right  to  vote  is  challenged  for  any  cause  recog-  S^haitengSi 
nized  by  law  shall  not  be  permitted  to  vote  until  he  has  ^ke  oath> 


54 


CAUCUSES. 


Record  to 
be  made,  etc. 


Voting  lists 
to  be  used. 
1907,  560, 
§  102. 


Persons  to  be 
declared 
elected  or 
nominated. 
1907,  560,  §  103. 

Tie  vote  for 
caucus  officers. 
Proceedings  in 
case  of  a  tie 
vote  for  an 
elective  office, 
etc. 


Certificates  of 
election,  etc. 
1907,  560, 
§  104. 


Returns  of 
caucuses  at 
which  direct 
nominations 
are  made, 
determination 
of  results. 
1907,  560, 
§  105. 
1911,  353. 


Tie  vote  in 
cases  of  direct 
nomination, 
how  filled. 
1907,  560,  §  106. 


taken  the  foregoing  oath;  and  the  clerk  or  secretary  of  the 
caucus  shall  make  a  record  of  the  administration  of  said 
oath  to  every  person  who  takes  the  same,  which  record 
shall  state  whether  or  not  said  person  voted.  Said  record 
shall  be  returned  with  the  proceedings  of  said  caucus  and 
shall  be  prima  facie  evidence  in  any  court  that  such  person 
took  said  oath  and  voted  in  said  caucus. 

SECTION  147.  In  balloting,  the  voting  lists  furnished 
under  the  provisions  of  section  sixty-seven  shall  be  used 
as  check  lists  and  no  person  shall  be  entitled  to  vote  or  to 
take  part  in  a  caucus  whose  name  does  not  appear  upon 
said  lists. 

SECTION  148.  The  persons  receiving  the  highest  number 
of  votes  in  a  caucus  shall  be  declared  elected  or  nominated. 

If  there  is  a  tie  vote  for  caucus  officers,  the  caucus  officers 
elected  shall  fill  the  vacancy. 

If  a  majority  of  caucus  officers  is  not  elected,  or  there 
is  a  tie  vote  for  candidates  for  an  elective  office,  the  caucus 
shall  at  once  proceed  to  another  ballot  unless  some  one 
present  entitled  to  vote  objects;  in  which  case  the  caucus 
shall  adjourn  to  any  subsequent  day.  The  hour  and  place 
shall,  if  practicable,  be  the  same  as  that  named  in  the  call. 

SECTION  149.  The  presiding  officer  and  secretary  or 
clerk  of  each  caucus  shall  within  three  week  days  after  its 
final  adjournment  deliver  or  send  to  each  caucus  officer 
a  certificate  of  his  election,  and  to  each  candidate  for  an 
elective  office  a  notice  of  his  nomination. 

SECTION  150.  Returns  of  all  caucuses  of  political  parties 
at  which  are  made  any  direct  nominations  for  a  district 
comprising  more  than  one  ward,  or  where  caucuses  are  held 
in  one  precinct  or  by  groups  of  precincts  in  any  ward,  shall 
be  made  according  to  the  provisions  of  section  one  hundred 
and  seventy-nine.  The  registrars  of  voters  shall  canvass 
said  returns  and  determine  the  results  thereof.  Recounts 
of  ballots  shall  be  made  as  provided  in  section  one  hundred 
and  eighty-one. 

SECTION  151.  If  there  is  a  tie  vote  for  any  candidate 
of  a  political  party  nominated  directly  for  any  office,  for 
a  district  comprising  more  than  one  ward,  the  vacancy 
shall  be  filled  by  a  regularly  elected  general  or  executive 
committee  representing  the  election  district  in  which  such 
vote  has  been  cast,  but  the  vacancy  shall  be  filled  only  by 
the  choice  of  one  of  the  candidates  receiving  such  tie  vote. 


CAUCUSES.  55 


Provisions  applying  to  Caucuses  of  Political  Parties  at  which 
Official  Ballots  are  not  used. 

SECTION  152.    At  least  two  weeks  prior  to  the  date  on  Polling  places 
which  caucuses  are  to  be  held,  the  chairman  or  secretary  £dX,Pete. 
of  the  city  or  town  committee  shall  notify  the  aldermen  j9?^.560' 
or  the  selectmen  respectively  of  such  date,  and  said  alder- 
men or  selectmen  shall,  at  the  expense  of  the  city  or  town, 
provide  polling  places  for  said  caucuses,  in  case  of  a  city, 
not  less  than  one  for  each  ward;  and  shall,  at  least  ten  days 
prior  to  the  date  of  said  caucus,  give  said  chairman  or  secre- 
tary notice  of  the  places  so  provided. 

SECTION  153.     Notice  of  caucuses,  signed  by  the  chairman  Notices  of 
and  secretary,  shall  be  issued  by  each  city  and  town  com-  mj^m', 
mittee  not  less  than  seven  days  prior  to  the  day  on  which  §  m 
they  are  to  be  held.    The  notices  shall  state  the  place  where, 
and  the  day  and  hour  when,  the  several  caucuses  are  to  be 
held.    They  shall  be  conspicuously  posted  in  at  least  five 
places  on  the  highways  or  streets,  and  if  practicable,  in 
every  post  office  in  the  city  or  town,  or  shall  be  published 
at  least  twice  in  one  or  more  local  newspapers,  if  there  are 
any.    The  hour  fixed  for  calling  the  caucus  to  order  shall 
not  be  later  than  eight  o'clock  in  the  evening.    The  notice 
shall  designate  by  name  or  office  the  person  who  shall  call 
such  caucus  to  order,  and  he  shall  preside  until  a  chairman 
is  chosen.     If  he  is  absent  at  the  time  appointed,  any  member 
of  the  ward  or  town  committee  present  shall  call  the  caucus 
to  order  and  preside  until  a  chairman  is  chosen.     The  first  First  business, 
business  in  order  shall  be  the  choice  of  a  chairman,  a  secre- 
tary and  such  other  officers  as  the  meeting  may  determine. 
No  person  shall  serve  as  a  caucus  officer  at  any  caucus  in  Certain  per- 
which  he  is  a  candidate  for  a  nomination  to  an  elective  office.  SeSJe'w  to 

SECTION  154.     A  ballot  shall  be  taken  for  the  choice  of  ™™™°z™™- 

.  .      .  ,.      Ballot  to  be 

any  candidate,  to  be  selected  by  such  caucus,  and  the  polls  taken^etc. 
shall  be  kept  open  at  least  thirty  minutes.  §  no. 

SECTION  155.    The  secretary  of  each  caucus  shall  forth-  §J^yJ£dto 
with,  after  the  ballots  cast  therein  have  been  counted,  trans-  be  transmitted 
mit  the  said  ballots  and  the  check  list  used  at  the  caucus  cierk.y 
to  the  city  or  town  clerk,  as  the  case  may  be,  who  shall  pre-  l^li560' 
serve  them  for  ten  days.     If  during  said  time  ten  voters 
entitled  to  vote  in  said  caucus  shall  file  with  said  clerk  a 
written  request  so  to  do,  he  shall  preserve  the  ballots  and 
voting  lists  for  three  months,  and  shall  produce  the  same 


56 


CAUCUSES. 


In  case  of 
contest,  etc., 
ballots  to  be 
preserved  until 
finally  deter- 
mined. 


Recount  of 


if  required  by  any  court  of  justice  having  jurisdiction  or 
authority  over  the  same. 

If  within  three  week  days  after  any  caucus  a  person  who 
has  received  votes  thereat  for  nomination  or  election  to  any 
office,  shall  file  a  statement  in  writing  with  the  said  clerk, 
claiming  an  election  or  nomination  or  declaring  an  intention 
to  contest  the  election  or  nomination  of  any  other  person, 
the  clerk  shall  preserve  the  ballots  for  such  nomination  or 
office  until  the  claim  or  contest  has  been  finally  determined. 

The  clerk  shall  immediately  give  notice  in  writing  to  the 
persons  affected  and  to  the  chairman  and  secretary  of  the 
caucus,  fixing  a  time  within  twenty-four  hours  thereafter 
and  a  place  at  which  said  ballots  will  be  recounted.  The 
chairman  and  secretary  of  the  caucus  shall,  at  said  time 
and  place,  recount  said  ballots  and  determine  the  questions 
raised.  Each  candidate  affected  may  be  present  during 
such  recount,  or  may  be  represented  by  an  agent  appointed 
by  him  in  writing.  If  it  shall  appear  upon  a  recount  that 
persons  were  nominated  or  elected  other  than  those  declared 
to  have  been  nominated  or  elected,  certificates  of  such  change 
shall  be  made  as  in  the  case  of  the  original  certificate. 


Calling,  etc., 
of  caucuses  at 
which  official 
ballots  are 
used. 
1907,  560, 
§  112. 


Calling  of 
caucuses  for 
purpose  of 
voting  on 
question  of 
adoption. 
1907,  560, 
§  113. 


Provisions  applying  to  Caucuses  of  Political  Parties  at  which 
Official  Ballots  are  used. 

SECTION  156.  All  caucuses  for  the  election  of  caucus 
officers,  or  for  the  nomination  of  candidates  for  any  city 
or  town  office  in  any  city  or  town  held  by  a  political  party 
which  has  adopted  the  provisions  of  law  for  the  use  of  official 
ballots  shall  be  called  and  held  as  hereinafter  provided. 

SECTION  157.  Any  city  or  town  committee  shall,  at  the 
written  request  of  fifty  voters,  members  of  its  party,  call 
caucuses  of  said  party  to  determine  by  ballot  whether  the 
provisions  of  law  for  the  use  of  official  ballots  shall  be 
adopted.  The  notice  of  said  caucus  shall  state  the  purpose 
for  which  it  is  called,  the  place,  the  day  and  the  hour,  not 
earlier  than  six  o'clock  and  not  later  than  half -past  seven 
o'clock  in  the  evening,  of  holding  said  caucus.  It  shall  be 
issued  at  least  seven  days  prior  to  the  day  named  therefor, 
and  shall  be  published  at  least  twice  in  one  or  more 
local  newspapers,  if  there  are  any,  and  shall  be  posted  in 
at  least  five  public  places  in  each  ward  or  town.  The  polls 
shall  be  kept  open  at  least  one  hour.  If  said  caucuses  shall 
vote  to  adopt  said  provisions,  all  caucuses  of  said  political 


CAUCUSES.  57 

party  in  said  city  or  town  shall  thereafter  be  called  and 
conducted  accordingly. 

SECTION  158.     A  political  party  in  a  city  or  town  which 
has  accepted  said  special  provisions  may,  not  less  than  one 
year  after  the  date  of  the  caucus  wherein  such  provisions  §  ni. 
were  adopted,  revoke  such  action  at  a  caucus  called  and 
held  in  the  manner  provided  in  the  preceding  section.     Upon  Notice  of 
the  adoption  of  said  provisions  or  upon  the  revocation  of  Sited!*  tob* 
such  adoption,  the  secretary  of  the  city  or  town  committee 
of  such  political  party  shall,  within  ten  days  thereafter,  file 
with  the  secretary  of  the  commonwealth  and  with  the  clerk 
of  the  city  or  town  and  the  secretary  of  the  state  committee 
of  the  political  party  so  voting,  a  notice  thereof. 

SECTION  159.    All  such  caucuses  of  a  political  party  for  Certain 
the  choice  of  candidates  for  a  city  or  town  election,  except  hSf^JSw 
caucuses  relating  to  a  special  election,  shall  be  held  on  the  ?£&;  560> 
same  day  in  each  city  and  town.     The  city  or  town  com-  §115- 
mittee  shall  fix  the  days  for  holding  all  caucuses  mentioned  SmmftteTto 
in  this  section,  and  all  calls  for  the  same  shall  be  issued  by  ^  days' etc' 
its  chairman  and  secretary. 

No  two  political  parties  shall  hold  their  caucuses  on  the  party  first 
same  day.    The  party  first  filing  a  copy  of  the  call  for  a 
caucus  with  the  city  or  town  clerk,  shall  be  entitled  to  pre- 
cedence  as  to  the  day  so  fixed. 

SECTION  160.     Notice  of  caucuses  in  said  cities  or  towns  Notices  of 
shall  state  the  place  where  and  the  day  and  hour  when  nomi- 
nation  papers  shall  be  issued;    the  place  where  and  the  ^ormatlon> 
earliest  day  and  hour  when  such  nomination  papers  may  J9?^560' 
be  filed,  which  time  shall  be  not  less  than  twenty-four  week- 
day hours  succeeding  three  o  'clock  of  the  day  fixed  for  issuing 
such  papers;  the  place  where  and  the  day  and  hour  prior 
to  which  such  nomination  papers  shall  be  filed;  and  the  day 
on  which  the  several  caucuses  will  be  held,  and  shall  be  issued 
not  less  than  eighteen  days  prior  thereto. 

SECTION  161.     At  least  two  weeks  prior  to  the  day  named  ft°m  "*  £eacea> 
for  a  caucus,  the  chairman  or  secretary  of  the  city  or  town  gjj^jjjj- 
committee  shall  give  notice  of  such  date  to  the  aldermen  or  §  117. 
to  the  selectmen,  who  shall,  at  least  ten  days  prior  to  such 
date,  notify  the  city  or  town  committee  of  the  places  selected 
for  holding  the  caucuses,  and  shall,  at  the  expense  of  the 
city  or  town,  provide  polling  places,  in  a  city  not  less  than 
one  for  each  wrard,  and  in  cities  and  towns  where  elections 
or  caucuses  are  held  in  voting  precincts,  one  in  each  of  such 
precincts,  as  the  city  or  town  committee  shall  designate, 


58 


CAUCUSES. 


Voting  may 
proceed  in 
two  or  more 
lines  in 
certain  cases. 


Seven  days' 
notice  to  be 
given  by  city 
and  town 
committee, 
etc. 

1907,  560, 
§118. 


Blank 
nomination 
papers  to  be 
provided,  etc. 
1907,  560, 
§  119. 


Nominations 
to  be  made  by 
nomination 
papers,  etc. 
1907,  560, 
§  120. 


Signatures,  etc. 


but  not  less  than  one  for  each  ward,  and  furnish  them  with 
booths,  registering  ballot  boxes,  guard  rails  and  the  like,  as 
they  are  arranged  for  state  elections,  also  postage  for  mail- 
ing credentials  and  notices  or  certificates  of  nomination  and 
election. 

If  twenty-five  voters  of  a  ward  or  of  a  town  shall  request 
in  writing  at  least  twelve  days  before  any  caucus  of  the 
political  party  to  which  they  belong,  the  aldermen  or  select- 
men shall  so  arrange  the  polling  place  of  such  ward  or  town 
as  to  allow  voting  to  proceed  in  two  or  more  lines  at  the 
caucus. 

SECTION  162.  At  least  seven  days  prior  to  the  day  named 
for  a  caucus,  the  city  or  town  committee  shall  issue  a  notice 
that  such  caucus  will  be  held,  stating  the  place,  the  day  and 
the  hour  of  holding  the  same.  The  hour  shall  not  be  earlier 
than  two  o'clock  in  the  afternoon  nor  later  than  half -past 
seven  o'clock  in  the  evening.  Notices  relative  to  the  filing 
of  nomination  papers  or  for  caucuses  shall  be  published  at 
least  twice  in  one  or  more  local  newspapers  if  there  are  any. 

SECTION  163.  The  city  or  town  shall  provide,  and  the 
city  or  town  clerk  shall  seasonably  prepare,  for  each  political 
party,  blank  nomination  papers  for  use  in  the  different 
wards  of  the  city  or  in  the  town.  Such  papers  shall  state 
the  place  where,  and  the  day  and  hour  prior  to  which,  signed 
nomination  papers  shall  be  filed.  On  the  back  of  each, 
sections  one  hundred  and  sixty-four  to  one  hundred  and 
seventy,  inclusive,  shall  be  printed.  They  shall  be  delivered 
to  the  chairman  or  secretary  of  the  political  committee  for 
whose  use  they  have  been  prepared,  and  to  no  other  person. 

SECTION  164.  Nominations  of  candidates  for  elective  city 
or  town  offices  and  for  caucus  officers  to  be  voted  for  at  a 
caucus,  shall  be  made  by  nomination  papers,  as  hereinafter 
provided.  Such  nominations  shall  be  made  on  the  blank 
nomination  papers  prepared  and  delivered  in  accordance 
with  the  preceding  section;  and  no  nomination  paper  offered 
for  filing  shall  be  received  or  shall  be  valid  to  which  is 
attached  any  card,  paper  or  other  device  containing  the 
name  of  a  candidate,  his  written  acceptance,  or  the  signature 
of  any  voter  required  by  this  section.  Such  papers  shall  be 
signed  in  person  by  at  least  five  voters  of  the  ward  or 
town  in  which  the  caucus  is  to  be  held,  who  shall  be  members 
of  the  political  party  holding  the  caucus,  and  who  shall  add 
to  their  signatures  the  street  and  number,  if  any,  of  their 
residences.  Such  papers  for  a  district  composed  of  more 


CAUCUSES.  59 

than  one  ward  shall  be  signed  by  a  number  of  voters  equal 

in  the  aggregate  to  not  less  than  five  voters  for  each  ward 

in  said  district.     Nomination  papers  shall  not  contain  a 

larger  number  of  names  of  candidates  than  there  are  persons 

to  be  elected.     No  nomination  paper  shall  be  valid  in  respect  Acceptance  to 

to  any  candidate  whose  written  acceptance  is  not  thereon.  tion 

No  vacancy  caused  by  the  death,  withdrawal  or  ineligibility  etc> 

of  any  of  the  above  candidates  shall  be  filled  in  the  manner 

provided  by  law,  unless  the  person  entitled   to   fill   such 

vacancy  files  the  written  acceptance  of  the  candidate  who 

is  nominated  to  fill  the  vacancy. 

SECTION  165.    The  nomination  paper  for  an  elective  office  certain 
shall  give  the  name  of  the  candidate,  the  street  and  number, 
if  any,  of  his  residence,  and  may,  in  not  more  than  eight 
words,  state  his  occupation,  the  public  offices  he  has  held  elective 
or  that  he  is  a  candidate  for  renomination,  provided  that  i9o?56o, 
he  is  at  the  time  an  incumbent  of  the  office  for  which  he  1910!  200. 
seeks  renomination  for  another  term,  but  not  otherwise. 

The  nomination  paper  of  a  candidate  for  a  caucus  office  candidates 
shall  state  the  street  and  number,  if  any,  of  his  residence.        offi^ete. 

SECTION  166.     All  nomination  papers  shall  be  sealed  up  Nomination 
and  filed  in  the  office  of  the  secretary  of  the  city  or  town  £Kd  „*£  and 
committee  not  less  than  ten  week  days  previous  to  the  day 
on  which  the  caucus  is  to  be  held  for  which  the  nominations 
are  made,  and  the  secretary  shall  indorse  upon  them  the  §  122. 
time  at  which  they  are  received  by  him.    They  shall  not 
be  opened  until  the  time  for  their  filing  has  expired,  when 
the  secretary,  at  his  office,  shall  publicly  open  them  and 
publicly  announce  the  nominations  therein  made. 

SECTION  167.    The  secretary  of  the  city  or  town  com-  Correction  of 
mittee  shall  immediately  give  notice  to  the  person  filing  the  igo^soT' 
nomination  paper  of  any  error,  irregularity  or  informality  §  123t 
appearing  therein,  and  such  person  may,  within  two  week 
days  after  the  time  when  the  nomination  papers  were  opened, 
correct  the  same,  or  said  secretary  may  make  such  correction. 

SECTION  168.     If,  in  a  city,  nomination  papers  placing  Proceedings  in 
persons   in   nomination  for  all  the  offices  to  be  filled  at  a  SiSTaronDt 
caucus  in  any  ward  are  not  filed,  the  secretary  of  the  city  §07;  SM, 
committee  shall  forthwith  notify  the  chairman  or  secretary  §  12*- 
of  the  committee  of  such  ward,  who  shall  forthwith  call  a  wardcom- 
meeting  of  said  committee,  which  may  nominate  candidates 
for  all  offices  for  which  nomination  papers  have  not  been 
filed,  and  shall  immediately  file  with  the  secretary  of  the 
city  committee  nomination  papers  signed  by  all  the  members 


60 


CAUCUSES. 


Two  sets  of 
papers  may 
be  filed  in  case 
of  disagree- 
ment, etc. 


Proceedings 
in  towns  when 
papers  are  not 
filed,  etc. 
1907,  560, 
§  125. 


Withdrawals. 
1907,  560, 
§  126. 
1910,  182. 


Filling  of 
vacancies. 


Certain 
vacancies 
caused  by 
death,  how 
filled,  etc. 


Nomination 
papers  to  be 
delivered  to 
city  or  town 
clerk. 
1907,  560, 
§  127. 


of  the  committee  who  agree  to  the  nominations  therein 
made.  In  case  of  disagreement  two  sets  of  such  nomination 
papers  may  be  filed.  If,  at  the  expiration  of  two  week  days 
after  the  time  at  which  nomination  papers  were  opened, 
proper  nomination  papers  have  not  been  filed  for  all  the 
offices  to  be  filled,  or  upon  any  vacancy  caused  by  death  or 
otherwise,  except  a  withdrawal,  the  chairman  and  secretary 
of  the  city  committee  may  file  nomination  papers  for  such 
offices  or  vacancies. 

SECTION  169.  If,  in  a  town,  nomination  papers  placing 
persons  in  nomination  for  all  the  offices  to  be  filled  at  a 
caucus  are  not  filed,  or  upon  a  vacancy  by  death  or  other- 
wise, except  a  withdrawal,  the  chairman  or  secretary  of  the 
town  committee  shall  forthwith  call  a  meeting  of  said  com- 
mittee, which  shall  have  all  the  powers  relative  to  the  nomi- 
nation of  candidates  conferred  in  the  preceding  section  upon 
a  ward  committee  and  the  chairman  and  secretary  of  a  city 
committee. 

SECTION  170.  A  person  who  is  nominated  by  a  nomina- 
tion paper  may,  within  forty-eight  week-day  hours  succeed- 
ing five  o'clock  of  the  day  fixed  for  opening  nomination 
papers,  withdraw  his  name  from  nomination  by  a  request 
in  writing  signed  by  him  with  his  own  hand  and  filed  with  the 
secretary  of  the  city  or  town  committee.  Thereupon,  the 
secretary  shall  immediately  give  notice  of  such  withdrawal 
and  of  the  provisions  of  this  section  to  the  person  who  filed 
such  nomination  paper,  and  such  person  may,  within  twenty- 
four  week-day  hours  succeeding  five  o'clock  of  the  last  day 
fixed  for  making  withdrawals,  present  a  new  name  on  a 
nomination  paper  signed  by  himself  with  his  own  hand; 
otherwise  the  chairman  and  secretary  of  the  city  or  town 
committee  may  file  nomination  papers  for  the  vacancy.  If 
at  any  time  subsequent  to  the  expiration  of  the  time  for 
filling  vacancies  it  shall  appear  that  a  vacancy  has  been 
created  by  death,  the  chairman  of  the  city  or  town  com- 
mittee may  file  with  the  city  or  town  clerk  a  new  name  to  fill 
such  vacancy;  and  if  the  time  is  sufficient  therefor  the  new 
name  shall  be  printed  upon  the  official  ballot. 

SECTION  171.  Not  less  than  seven  week  days  before  the 
day  upon  which  the  caucuses  are  to  be  held  and  before  five 
o'clock  in  the  afternoon  of  the  last  day,  the  secretary  of 
each  city  or  town  committee  shall  deliver  to  the  city  or 
town  clerk  the  nomination  papers  filed  with  him. 


CAUCUSES.  61 

SECTION  172.     If  an  error  or  informality  is  found  in  any  Correction  of 
nomination  paper,   it  shall  be  forthwith  returned  to  the  iSoTsw!0' 
secretary  of  the  committee  by  whom  it  was  filed,  for  cor-  §  128- 
rection;  and  if  it  is  not  corrected  and  again  filed  before  five 
o'clock  in  the  afternoon  of  the  day  following  its  return  to  said 
secretary,  it  shall  be  void. 

SECTION  173.    Objections  to  nomination  papers,  and  all 
other  questions  relating  thereto,  shall  be  considered  in  cities 
by  the  board  of  registrars,  the  city  clerk  and  the  city  solicitor;  si 
and  in  towns  by  the  board  of  registrars.  . 

SECTION  174.    Ballots  for  each  political  and  municipal  pities  and 

,      „     .      ,  ,.  ,.    ,         r  ,  ,  r  ,     towns  to 


pro- 


party,  ballot    boxes,   voting  lists,   specimen  ballots,  blank  vide  ballots, 


etc. 


forms  and  apparatus,  seals  and  record  books,  shall  be  provided  1907, 560, 
and  treated  in  accordance  with  the  provisions  of  sections  one  8§  130' 150< 
hundred  and  four  to  one  hundred  and  nine  inclusive,  so  far 
as  is  applicable,  except  as  follows:  The  chairman  and  secre-  Number  of 
tary  of  the  city  or  town  committee  may  determine  the  determined! 
number  of  ballots  to  be  provided  for  each  ward  or  town,  not 
exceeding  one  for  each  voter  therein.     If  they  fail  so  to  do, 
the  city  or  town  clerk  shall  determine  the  number. 

SECTION  175.     On  the  back  and  outside  of  each  ballot  Form  of 
when  folded  shall  be  printed  the  words  "  Official  ballot  of  $£** 
the  (here  shall  be  inserted  the  party  name)",  followed  by  ^si.560' 
the  number  of  the  precinct  and  ward  or  the  name  of  the 
town  for  which  the  ballot  is  prepared,  the  date  of  the  caucus 
and  a  facsimile  of  the  signature  of  the  secretary  of  the  political 
committee. 

Ballots  shall  be  printed  on  white  paper. 

Names  of  candidates  for  caucus  officers  shall  be  arranged 
in  groups  in  the  order  in  which  they  are  filed. 

Against  the  name  of  a  candidate  for  an  elective  or  caucus 
office  shall  be  printed  the  street  and  number,  if  any,  of  his 
residence. 

A  star  (  * )  against  a  name  shall  indicate  that  a  person 
is  a  candidate  for  re-election. 

SECTION  176.     Caucuses,  except  as  herein  otherwise  pro-  certain  pro- 
vided, shall  be   held  in  general  accordance  with  the  pro-  Jj?p^f law 
visions  of  law  for  the  conduct  of  elections  and  the  manner  J9^560' 
of  voting  thereat. 

SECTION  177.     The  order  of  business  shall  be  as  follows:  —  order  of 

First,  Any  necessary  preliminary  business.  S^feo', 

Second,    Balloting   until   half-past   eight   o'clock   in   the  §  135- 
evening,  when  the  polls  shall  be  closed  unless  the  caucus 


62 


CAUCUSES. 


Challenging  of 
voters,  etc. 
1907,  560, 
§  136. 


Counting  of 
ballots,  etc. 
1907,  560, 
§  137. 


Clerk  to  make 
copy  of  record, 
seal  up 
ballots,  etc. 


Package  to  be 
indorsed  and 
transmitted  to 
city  or  town 
clerk,  etc. 


Sealed 

packages  to  be 
kept,  etc. 


shall  vote  to  keep  them  open  until  a  later  hour;  but  every 
voter  waiting  in  line  at  the  hour  for  closing  the  polls  shall 
be  allowed  to  vote. 

Third,  After  the  polls  have  been  closed,  any  other  business 
which  is  properly  before  the  caucus. 

SECTION  178.  If  the  right  of  a  person  offering  to  vote 
is  challenged  for  any  legal  cause,  the  presiding  officer  shall 
require  him,  or  some  one  in  his  behalf,  to  write  his  name 
and  residence  on  the  outside  of  the  ballot  offered,  and  before 
it  is  received  the  presiding  officer  shall  add  thereto  the  name 
of  the  person  challenging  and  the  cause  alleged  for  the 
challenge;  but  no  caucus  officer  shall  receive  any  ballot 
which  by  law  he  is  required  to  refuse.  No  officer  or  other 
person  shall  give  any  information  in  regard  to  a  ballot 
cast  by  a  challenged  voter  unless  required  by  law  so  to  do. 

SECTION  179.  Immediately  after  the  polls  have  been 
declared  closed,  but  not  before,  the  ballots  shall  be  counted 
in  full  view  of  the  voters.  When  they  have  been  counted 
and  the  result  has  been  ascertained,  the  presiding  officer 
shall  make  public  announcement  thereof  in  open  meeting, 
and  the  clerk  shall,  in  open  meeting,  enter  in  words  at  length 
in  the  record  book,  the  total  number  of  names  checked  on 
the  voting  list,  the  total  number  of  ballots  cast,  the  names  of 
all  persons  voted  for,  the  number  of  votes  for  each  person, 
and  the  title  of  the  office  for  which  he  was  a  candidate. 
The  clerk  shall  forthwith  make  a  copy  of  said  record,  certify 
and  seal  the  same,  and  transmit  it  to  the  city  or  town  clerk. 
He  shall  then,  before  the  adjournment  of  the  caucus,  and 
in  the  presence  of  those  who  counted  the  same,  seal  up  all 
ballots  cast,  with  the  voting  lists  used,  and  a  statement 
of  any  challenge  which  may  have  been  made. 

The  warden  and  clerk  shall  indorse  upon  such  package 
the  name  of  the  political  party  holding  the  caucus,  its  date, 
its  purpose,  and,  if  in  a  city,  for  what  ward  the  ballots  were 
cast.  The  warden  shall  forthwith  transmit,  by  the  officer 
detailed  to  attend  the  caucus,  to  the  city  or  town  clerk, 
the  ballots  cast,  the  voting  lists,  the  ballot  boxes,  the  ballot 
box  seals,  the  counting  apparatus,  the  copy  of  the  records, 
and  the  record  book. 

The  city  or  town  clerk  shall  safely  keep  such  sealed 
packages  for  ten  days.  If  within  said  time  ten  voters 
entitled  to  vote  in  said  caucus  file  with  them  a  written 
request  so  to  do,  they  shall  preserve  said  ballots  and  voting 
lists  for  three  months  and  shall  produce  them  if  required 


CAUCUSES.  63 

by  any   court  having  jurisdiction   or  authority   over  the 
same. 

SECTION  180.     The   city   or   town    clerk,    upon   written  Certified  copy 
application,  signed  by  at  least  ten  voters  of  a  ward  or  town, 
for  a  copy  of  a  list  as  checked,  may  open  the  envelope  con- 
taining  the  voting  list  used  at  any  caucus  in  such  ward  or  j9^580' 
town  and  shall  furnish  to  them  a  certified  copy  thereof  as 
checked. 

SECTION  181.  If  before  five  o'clock  in  the  afternoon  Recount  of 
of  the  second  day  next  succeeding  the  day  of  any  caucus,  m\^^c' 
ten  or  more  voters  of  any  town  or  ward  shall  sign,  adding  }gj|®  440,  §  2. 
thereto  their  respective  residences  on  the  first  day  of  April 
of  that  year,  and  file  with  the  city  or  town  clerk,  a  statement 
under  oath  that  the  records  and  returns  made  by  the  caucus 
officers  of  such  town  or  ward  are  erroneous,  specifying  the 
error,  or  that  challenged  votes  were  cast  by  persons  not 
entitled  to  vote  therein,  said  city  or  town  clerk  shall  forth- 
with transmit  such  statement  to  the  registrars  of  voters 
with  the  sealed  package  containing  the  ballots  and  voting 
lists,  and  said  registrars  shall  give  notice  in  writing  to  the 
person  affected,  fixing  a  place  and  time,  as  early  as  may 
be,  at  which  said  ballots  will  be  recounted  and  at  such  place 
and  time  shall  open  the  packages  containing  the  ballots 
and  voting  lists  and  recount  said  ballots  and  determine  the 
questions  raised,  and  shall  reject  any  challenged  vote  cast 
by  a  person  found  not  to  have  been  entitled  to  vote;  and 
such  recount  shall  stand  as  the  true  result  of  the  vote  cast 
in  such  caucus.  Each  candidate  affected  may  be  present 
during  such  recount,  or  may  be  represented  by  an  agent 
appointed  by  him  in  writing.  If  it  shall  appear  upon  a 
recount  that  persons  were  nominated  or  elected  other  than 
those  declared  to  have  been  nominated  or  elected,  certificates 
of  such  change  shall  be  made  as  in  the  case  of  the  original 
certificate. 

SECTION  182.     At   the    caucus   held   for   the    choice   of 
candidates  for  a  city  or  town  election  there  shall  be  chosen  J9}^560- 
annually  a  warden,  a  clerk,  and  at  least  five  inspectors,  and,  1911, 735. 
in  wards  having  more  than  five  precincts,  such  additional 
inspectors  as  the  city  committee  of  the  political  party  whose 
caucuses  are  to  be  held  may  determine.     They  shall  be 
voters  of  the  ward  or  town  in  which  they  are  elected  and  mem- 
bers of  the  political  party  whose  caucus  is  to  be  held.     No  certain 
person  shall  be  eligible  to  the  position  of  warden  or  clerk 
or  inspector  who  is  a  state,  county  or  city  employee,  or 


64 


CAUCUSES. 


Term  of  office, 
oath,  etc. 


Duties. 


Vacancies, 
additional 
officers,  etc. 
1907,  560, 
§  141. 


Appointment 
of  officers  to 
serve  at  first 
caucus. 
1907,  560, 
§  142. 


In  a  newly 
incorporated 
city  or  a  re- 
division  into 
wards,  etc. 
1907,  560, 
§  143. 
1911,  518. 


who  is  a  member  of  a  ward  or  town  committee,  and  no  person 
shall  serve  as  a  caucus  officer  at  any  caucus  wherein  he  is 
a  candidate  for  a  npmination  to  an  elective  office.  Every 
caucus  officer  shall  hold  office  for  one  year,  beginning  with 
the  first  day  of  the  month  succeeding  his  election,  and  until 
his  successor  is  elected.  He  shall,  before  entering  upon  the 
performance  of  his  duties,  be  sworn  to  the  faithful  perform- 
ance thereof  by  the  warden,  clerk,  or  a  justice  of  the  peace, 
and  a  record  of  such  oath  shall  be  made  upon  the  record 
book  of  such  caucus.  The  respective  duties  of  caucus 
officers  shall  be  in  general  the  same  as  are  required  of  election 
officers  at  elections. 

SECTION  183.  A  majority  of  the  caucus  officers  present 
at  a  caucus,  may  fill  temporary  vacancies  and  elect  additional 
officers  to  serve  in  that  caucus  only.  Such  temporary 
officers  shall  be  duly  sworn.  Permanent  vacancies  shall 
be  filled  by  a  majority  vote  of  all  the  caucus  officers. 

SECTION  184.  A  city  or  town  committee  of  a  political 
party  which  has  adopted  the  provisions  of  law  for  the  use 
of  official  ballots  shall,  at  least  ten  days  before  holding  any 
caucus  thereunder,  appoint  caucus  officers  in  each  ward, 
town,  or  voting  precinct  in  cities  and  towns  where  elections 
or  caucuses  are  held  in  such  precincts,  to  serve  at  the  first 
caucus  to  be  held  thereafter. 

SECTION  185.  In  a  newly  incorporated  city,  or  upon  a 
re-division  into  wards  of  a  city  to  which  the  said  provisions 
apply,  the  caucus  officers  to  serve  in  the  first  caucuses  held 
in  the  next  succeeding  year  shall  be  appointed  by  the  city 
committee;  and  at  such  caucuses  the  regular  caucus  offi- 
cers shall  be  chosen.  Where  additional  polling  places  are 
provided,  after  the  election  of  caucus  officers,  officers  to  act 
in  such  polling  places  shall  be  appointed  by  the  city  com- 
mittee. 


At  least 
twenty-five 
voters  to 
participate  in 
certain 
caucuses. 
1907,  560, 
§  161. 


Provisions  applying  to  Caucuses  other  than  those  of  Political 

Parties. 

SECTION  186.  A  caucus  of  the  voters,  or  of  a  specified 
portion  thereof  in  a  ward  of  a  city,  or  in  a  town,  may  be 
called  and  held  for  the  nomination  of  candidates  to  be  voted 
for  at  any  city  election,  or  at  any  election  of  town  officers 
for  which  official  ballots  are  used,  or  for  the  selection  of 
delegates  to  a  convention,  or  for  the  appointment  of  a  com- 
mittee. A  like  caucus  in  any  representative  district  may 


CAUCUSES.  65 

be  held  for  the  nomination  of  a  candidate  for  representative 
in  the  general   court.     The  proceedings  of  such  caucuses 
shall  be  invalid  unless  at  least  twenty-five  voters  participate 
and  vote  therein.     Except  as  provided  in  this  section,  no  Entitled  to 
caucus  or  meeting  other  than  those  of  political  parties  shall  nominate« etc- 
be  entitled  to  nominate  a  candidate  whose  name  shall  be 
placed  on  the  official  ballot,  or  to  select  delegates  to  a  politi- 
cal convention  for  the  nomination  of  a  candidate  whose 
name  shall  be  placed  on  such  ballot. 

SECTION  187.  The  notice  for  a  caucus  under  the  preced-  Notice  of^ 
ing  section  shall  be  written  or  printed,  shall  state  the  place  j^seo, 
where,  and  the  day  and  hour  when,  said  caucus  is  to  be 
held,  shall  be  issued  at  least  seven  days  prior  thereto,  and 
shall  be  conspicuously  posted  in  at  least  five  places  on  lines 
of  public  travel,  and,  if  practicable,  in  every  post  office 
within  the  city  or  town,  or  shall  be  published  at  least  twice 
in  one  or  more  local  newspapers.  Said  notice  shall  be  signed 
by  one  or  more  voters  of  the  ward,  town  or  district  for  which 
the  caucus  is  called,  and  shall  designate  by  name  or  office 
the  person  who  shall  call  such  caucus  to  order,  and  he  shall 
preside  until  a  chairman  is  chosen.  In  his  absence,  the 
caucus  may  choose  a  temporary  chairman.  The  first  busi-  ^rat  business, 
ness  in  order  shall  be  the  organization  of  the  caucus  by  the 
choice  of  a  chairman,  a  secretary,  and  such  other  officers  as 
the  meeting  may  require.  The  persons  receiving  the  high- 
est number  of  votes  shall  be  declared  elected  or  nominated. 
The  caucus  may  adopt  regulations  not  inconsistent  with 
this  act. 

SECTION  188.     Upon  the  written  request  of  ten  or  more  TO  vote  by 
voters  present  at  a  caucus  and  entitled  to  vote  therein,  pre-  written41"011 
sented  by  motion  or  otherwise  to  the  presiding  officer  for  Jgo"6;^6110' 
the  time  being,  at  any  time  before  the  choice  of  the  officer  §  16^- 
to  which  it  relates,  any  candidate,  delegate  or  member  of 
a  political  committee,  and  unless  the  caucus  votes  otherwise, 
the  chairman  of  the  caucus,  shall  be  elected  by  ballot.     In 
balloting,   the  voting  lists  furnished  under  section  sixty- 
seven  shall  be  used  as  check  lists. 

SECTION  189.    The  secretary  of  a  caucus  held  under  the  Preservation 
provisions  of  the  three  preceding  sections  shall,  at  the  request  Votbing°i<5Cd 
in  writing  of  ten  voters  entitled  to  vote  in  the  caucus,  pre-  ^  560) 
serve  all  ballots  cast  and  voting  lists  used  therein  for  three  § 16*- 
months,  and  shall  produce  the  same  if  required  by  any 
court,   board,   convention  or  other  tribunal   having  juris- 
diction thereof. 


66 


NOMINATION  OF  CANDIDATES. 


Nomination 
of  candidates. 
190-7,  560,  §  94. 


Certain 
nominations 
not  to  be  made 
by  primaries 
or  caucuses. 
1907,  560,  §  95. 


Nominations 
by  primaries, 
caucuses  and 
conventions. 
1907,  560, 
§  165. 


Nominations 
by  certain 
parties. 


May  have 
names  of 
candidates 
placed  upon 
official  ballot. 
Certain 
candidates  to 
be  nominated 
by  direct 
plurality  vote. 
1907,  560, 
§  166. 


1911,  550, 

1912,  273. 

1913,  516. 


52. 
1. 


Persons  receiv- 
ing the  highest 
number  of 
votes  to  be  the 
candidates 
nominated. 

Candidates 
whose  names 
are  not  printed 
on  a  state  pri- 
mary ballot  to 
file  accept- 


Nomination  of  Candidates. 

SECTION  190.  Except  as  provided  in  this  act,  no  nomi- 
nations of  candidates  for  public  office  shall  be  made  and  no 
political  committee  or  delegates  to  conventions  shall  be 
elected. 

SECTION  191.  No  nomination  of  a  candidate  to  be  voted 
for  in  an  electoral  district  or  division  containing  more  than 
one  town  or  more  than  one  ward  of  a  city,  shall  be  made  by 
primaries  or  caucuses,  except  where  such  candidate  is  to  be 
nominated  by  direct  plurality  vote. 

SECTION  192.  Each  party  may,  at  primaries,  caucuses  or 
conventions  held  in  accordance  with  the  provisions  of  this 
act,  make  as  many  nominations  of  candidates  for  each  office 
as  there  are  persons  to  be  elected  thereto,  and  no  more,  and 
shall  be  entitled  to  have  the  names  of  such  candidates  placed 
upon  the  official  ballot.  A  party  may  make  a  nomination 
for  an  office  to  be  filled  by  election  in  the  commonwealth, 
or  in  any  district,  county,  city,  town  or  ward,  when  at  the 
five  preceding  annual  elections  it  polled  in  the  common- 
wealth, or  in  such  district,  county,  city,  town  or  ward, 
respectively,  a  number  of  votes  for  governor  equal  to  the 
number  of  voters  required  to  nominate  by  nomination  papers 
a  candidate  for  the  office  so  to  be  filled. 

Such  party  shall  be  entitled  to  have  the  names  of  all 
candidates  so  nominated  placed  upon  the  official  ballot  upon 
filing  a  certificate  of  nomination  as  hereinafter  provided. 

SECTION  193.  The  nomination  of  candidates  of  political 
parties  for  all  offices  to  be  filled  at  a  state  election,  excepting 
the  office  of  presidential  elector,  shall  be  by  direct  plurality 
vote  in  primaries,  and  the  candidates  of  political  parties  for 
elective  city  offices  to  be  voted  for  in  two  or  more  wards, 
except  in  Boston,  and  in  other  cities  when  city  charters 
provide  otherwise,  shall  be  nominated  by  direct  plurality 
vote  in  primaries  or  caucuses. 

The  persons  who  in  the  aggregate  of  all  the  ballots  cast 
at  such  primaries  or  caucuses  in  each  district  for  the  several 
candidates  shall  receive  the  highest  number  of  votes  shall 
be  the  candidates  nominated. 

No  person  whose  name  is  not  printed  on  a  state  primary 
ballot  as  a  candidate  for  nomination  for  any  office  shall  be 
entitled  to  have  his  name  printed  on  the  ballot  to  be  used 
at  a  state  election  as  a  candidate  for  that  office  unless  he 
files  in  the  office  of  the  secretary  of  the  commonwealth, 


NOMINATION  OF  CANDIDATES.  67 

before  the  last  hour  for  filing  nominations  for  the  office  for 
which  the  candidate  is  nominated,  a  written  acceptance  of 
the  nomination. 

SECTION  194.  All  provisions  of  law  relative  to  the  prep-  Certain  Pro- 
aration  of  nomination  papers  and  ballots,  to  primaries, 
caucuses  and  elections,  to  ballots  cast  at  primaries,  caucuses 
and  elections,  to  recounts  of  such  ballots,  shall,  so  far  as 
they  are  applicable,  apply  to  caucuses  held  for  direct  nomi- 
nations. 

SECTION  195.  No  convention  to  nominate  candidates 
shall  be  called  for  or  held  on  a  date  earlier  than  four  days 
after  the  holding  of  the  caucuses  for  the  choice  of  delegates 
thereto,  and  all  such  conventions  shall  be  called  for  and 
held  on  a  date  not  later  than  forty-eight  hours  prior  to  the 
hour  for  filing  certificates  of  nomination  as  provided  in 
section  two  hundred  and  three. 

SECTION  196.    The  clerk  of  a  city  or  town  wherein  cau-  Returns  of 

,,  precinct 

cuses  are  held  by  precincts  or  by  groups  of  precincts  in  any  caucuses,  tab- 

i     •  T     ,    i  -     .       /Ti  £  o-i-      ulation.  etc. 

one  ward,  immediately  upon  receipt  of  the  returns  from  the  1907,  seo,  §  1:0. 
caucus  officers,  which  shall  be  made  as  'provided  in  section  1911>  354' 
one  hundred  and  seventy-nine,  shall  tabulate  and  determine 
the  results  thereof,  and  issue  proper  certificates  to  the  suc- 
cessful candidates. 
SECTION  197.     Every  certificate  of  nomination  shall  state  Certificate  of 

.11  .  iii-i  nomination: 

such  facts  as  are  required  by  section  two  hundred  and  one  contents,  sig- 

!  ,    •  P     f  •        .•          f  TJ'J.  natures  and 

and  except  in  cases  of  direct  nomination  for  a  district  com-  oath  of  officers, 
prising  more  than  one  ward,  and  except  where  caucuses  are  fgo?,  seo,  §  171. 
held  in  one  precinct  or  by  groups  of  precincts  in  any  ward,  19U|  355* 
shall  be  signed  by  the  presiding  officer  and  by  the  secretary 
of  the  caucus,  who  shall  add  to  their  signatures  their  resi- 
dences, and  shall  make  oath  to  the  truth  thereof.     The  Secretary  to 

.  .  nle  certificate. 

secretary  of  the  caucus  shall  within  the  seventy-two  hours 
succeeding  five  o'clock  in  the  afternoon  of  the  day  upon 
which  the  caucus  was  held  and  within  the  time  specified 
in  section  two  hundred  and  three  file  such  certificate  as 
hereinafter  provided. 

SECTION  198.     Nominations  of  candidates  for  any  offices 
to  be  filled  by  all  the  voters  of  the  commonwealth  may  be 
made  by  nomination  papers,  stating  the  facts  required  by  190 seo,  §  172. 
section  two  hundred  and  one  and  signed  in  the  aggregate  1909*486t 
by  not  less  than  one  thousand  voters  for  each  candidate. 
Nominations  of  all  other  candidates  for  offices  to  be  filled 
at  a  state  election,  and  of  all  candidates  for  offices  to  be  filled 
at  a  city  election,  except  in  Boston,  and  in  other  cities  where 


68 


NOMINATION  OF  CANDIDATES. 


of  signatures, 


Voters  to  sign 

nomination 

papers  in  per- 


1909*,  So',  |  L73' 


Number  of 
nominations. 


Women  may 


registrars,  etc. 


c^y  charters  provide  otherwise,  may  be  made  by  like  nomina- 
tion  papers,  signed  in  the  aggregate,  for  each  candidate,  by 
two  voters  for  every  one  hundred  votes  cast  for  governor 
at  the  preceding  annual  state  election  in  the  electoral  district 
or  division  for  which  the  officers  are  to  be  elected,  but  in 
no  case  by  less  than  fifty  nor  more  than  one  thousand  quali- 
fied voters.  In  Boston  the  nomination  of  candidates  for 
any  municipal  elective  office  to  be  voted  for  at  the  municipal 
election  in  said  city  shall  be  made  by  nomination  papers, 
prepared  and  issued  by  the  election  commissioners,  signed  in 
person  by  at  least  five  thousand  registered  voters  in  said 
city  qualified  to  vote  for  such  candidates  at  said  election. 
Nominations  of  candidates  for  offices  to  be  filled  at  a  town 
election  may  be  made  by  nomination  papers,  signed  by  at 
least  one  voter  for  every  fifty  votes  polled  for  governor  at 
the  preceding  annual  state  election  in  such  town,  but  in  no 
case  by  less  than  twenty  voters.  At  a  first  election  to  be 
held  in  a  newly  established  ward  of  a  city,  the  number  of 
voters  upon  a  nomination  paper  of  a  candidate  who  is  to  be 
voted  for  only  in  such  ward  need  not  exceed  fifty;  and  at  a 
first  election  in  a  town  the  number  for  the  nomination  of  a 
candidate  who  is  to  be  voted  for  only  in  such  town  need  not 
exceed  twenty. 

SECTION  199.     Every  voter  who  signs  a  nomination  paper 

i      11      •          »t     •  «,i     i  •       i»    11  i  •      /^i     • 

shall  sign  it  in  person,  with  his  tull  surname,  his  Christian 
name  and  the  initial  of  every  other  name  which  he  may 
have,  and  shall  add  his  residence  on  the  previous  first  day 
of  April  and  the  place  where  he  is  then  living,  with  the 
street  and  number  thereof,  if  any,  to  his  signature;  but  any 
voter  who  is  prevented  by  a  physical  disability  from  writing 
or  who  had  the  right  to  vote  on  the  first  day  of  May  in  the 
year  eighteen  hundred  and  fifty-seven,  may  authorize  some 
person  to  write  his  name  and  residence  in  his  presence;  and 
everv  voter  may  sign  as  many  nomination  papers  for  each 
office  to  be  filled  as  there  are  persons  to  be  elected  thereto, 
and  no  more.  Women  who  are  qualified  to  vote  may  sign 
nomination  papers  for  candidates  for  the  school  committee. 
Every  nomination  paper  shall,  before  being  filed,  be  season- 
ably  submitted  to  the  registrars  of  the  city  or  town  in  which 
the  signers  appear  to  be  voters,  and  in  Boston  to  the  elec- 
tion commissioners,  who  shall  forthwith  certify  thereon  the 
number  of  signatures  which  are  names  of  voters  both  in  the 
city  or  town  and  in  the  district  or  division  for  which 
the  nomination  is  made.  They  need  not  certify  a  greater 


NOMINATION  OF  CANDIDATES.  69 

number  of  names  than  are  required  to  make  a  nomination, 
with  one  fifth  of  such  number  added  thereto.  Names  not 
certified  in  the  first  instance  shall  not  thereafter  be  certified 
on  the  same  nomination  papers.  The  secretary  of  the 
commonwealth  shall  not  be  required  in  any  case  to  file 
nomination  papers  for  a  candidate  after  filing  such  papers 
containing  a  sufficient  number  of  certified  names  to  make  a 
nomination,  with  one  fifth  of  such  number  added  thereto. 
One  of  the  signers  to  each  nomination  paper  shall  make  oath  JjJjJjJ  ^e 
to  the  truth  of  the  statements  therein,  and  the  certification  make  oath, 
of  such  oath  and  the  post  office  address  of  the  signer  shall  be 
annexed  to  such  paper. 

SECTION  200.     A  notary  public,  justice  of  the  peace  or  Magistrates  to 

.    .  ,  ,     ,  r  , ,         „  .  »         satisfy  them- 

other  magistrate,  when  taking  the  oath  or  a  signer  or  a  selves  as  to 
nomination  paper,  shall  satisfy  himself  that  the  person  to  SSen^maidirj 
whom  the  oath  is  administered  is  the  person  signing  such  i!wf'w,'f  m. 
nomination  paper,  and  shall  so  state  in  his  attestation  of  said 
oath. 

SECTION  201.  All  certificates  of  nomination  and  nomina-  Certificates  of 
tion  papers  shall,  in  addition  to  the  names  of  candidates, 
specify  as  to  each:  (1)  his  residence  with  street  and  number 
thereof,  if  any;  (2)  the  office  for  which  he  is  nominated;  IIS;  425! §  175' 
and  (3),  except  in  the  city  of  Boston,  in  other  cities  where  1909« 486>  §  53> 
city  charters  provide  otherwise  and  as  hereinafter  provided, 
the  party  or  political  principle  which  he  represents,  expressed 
in  not  more  than  three  words.  Certificates  of  nomination 
shall  also  state  what  provision,  if  any,  was  made  by  the 
caucus  for  filling  vacancies  caused  by  the  death,  withdrawal 
or  ineligibility  of  candidates.  The  names  of  the  candidates 
for  president  and  vice  president  of  the  United  States  may  be 
added  to  the  party  or  political  designation  of  the  candidates 
for  presidential  electors.  To  the  name  of  each  candidate 
for  the  office  of  alderman  at  large  shall  be  added  the  number 
of  the  ward  in  which  he  resides. 

If  a  candidate  is  nominated  otherwise  than  by  a  political 
party,  the  name  of  a  political  party  shall  not  be  used  in  his 
political  designation,  except  as  describing  and  preceding 
some  other  name  or  term  which  shall  not  be  the  name  of  any 
party  which  cast  at  the  last  preceding  election  more  than 
three  thousand  votes  for  governor;  and  if  so  used  in  case  of 
a  candidate  nominated  by  a  nomination  paper,  the  political 
designation  shall  consist  of  not  more  than  two  words  and  . 
shall  not  be  changed  after  having  been  placed  upon  the 
paper.  Certificates  of  nomination  and  nomination  papers 


70 


NOMINATION  OF  CANDIDATES. 


Certificates  of 
nomination 
and  nomina- 
tion papers  to 
be  filed,  etc. 
1907,  560,  §  176. 


Acceptance  to 
be  filed  with 
nomination 
paper. 

Last  days  for 
filing  with 
secretary  of 
the  common- 
wealth. 

1907,  560,  §  177. 
1909,  149,  486, 
§  53. 
1912,  446,  §  1. 


In  certain 
cities. 


In  Boston. 


Last  days  for 
filing  in  towns. 


for  town  offices  may  or  may  not  include  a  designation  of 
the  party  or  principle  which  the  candidate  represents.  If 
a  candidate  receives  the  nomination  of  a  political  party,  and 
fails  to  withdraw  therefrom,  the  name  of  any  other  political 
party  shall  not  be  used  in  his  political  designation  unless  he 
shall  have  received  the  regular  nomination  of  such  other 
political  party. 

SECTION  202.  Certificates  of  nomination  and  nomination 
papers  for  state  offices  shall  be  filed  with  the  secretary  of  the 
commonwealth.  Certificates  of  nomination  or  nomination 
papers  for  city  and  town  offices  shall  be  filed  with  the  city 
or  town  clerk,  in  Boston  with  the  election  commissioners. 
Every  nomination  paper  shall  be  filed  by  a  responsible 
person,  who  shall  with  his  own  hand  sign  such  paper  and 
add  to  his  signature  his  place  of  residence,  giving  street  and 
number,  if  any;  and  the  secretary  of  the  commonwealth 
or  the  city  or  town  clerk  shall  require  a  satisfactory  identi- 
fication of  such  person.  No  nomination  paper  shall  be 
received  or  be  valid  unless  the  written  acceptance  of  the 
candidate  thereby  nominated  shall  be  filed  therewith. 

SECTION  203.  Certificates  of  nomination  of  candidates 
for  offices  to  be  filled  by  all  the  voters  of  the  commonwealth, 
except  for  presidential  electors,  shall  be  filed  on  or  before 
the  fifth  Monday,  and  of  all  other  candidates  for  offices 
to  be  filled  at  a  state  election,  including  presidential  electors, 
on  or  before  the  third  Thursday,  and  nomination  papers  of 
all  candidates  for  offices  to  be  filled  at  a  state  election,  on 
or  before  the  fourth  Monday,  preceding  the  day  of  the 
election;  but  if  there  is  a  special  election  to  fill  any  state 
office,  certificates  of  nomination  shall  be  filed  on  or  before 
the  twelfth  day,  and  nomination  papers  on  or  before  the 
eleventh  day,  preceding  the  day  of  such  election. 

In  cities,  except  where  city  charters  provide  otherwise, 
certificates  of  nomination  for  city  offices  shall  be  filed  on  or 
before  the  third  Monday,  and  nomination  papers  on  or  before 
the  second  Wednesday  preceding  the  day  of  the  election. 

In  Boston,  nomination  papers  for  all  municipal  offices 
shall  be  filed  on  or  before  the  twenty-fifth  day  prior  to  the 
municipal  election. 

In  towns,  certificates  of  nomination  for  town  offices  shall 
be  filed  on  or  before  the  second  Wednesday,  and  nomination 
papers,  on  or  before  the  second  Thursday,  preceding  the 
day  of  the  election;  but  if  such  Wednesday  or  Thursday 
falls  on  a  legal  holiday,  said  certificates  of  nomination  or 


NOMINATION  OF  CANDIDATES.  71 

nomination  papers  shall  be  filed  on  or  before  the  succeeding 
day;  but  if  a  town  election  is  held  on  a  day  of  the  week 
other  than  Monday,  such  certificates  of  nomination  and 
nomination  papers  shall  be  filed  respectively  on  or  before 
the  twelfth  and  eleventh  days  preceding  the  day  of  the 
election. 

Certificates  of  nomination  and  nomination  papers  shall 
be  filed  before  five  o'clock  in  the  afternoon  of  the  last  day 
fixed  for  the  filing  thereof. 

SECTION  204.     When  certificates  of  nomination  and  nom-  Nominations 
ination  papers  have  been  filed,  and  are  in  apparent  conformity  objected1!?! 
with  law,  they  shall  be  valid  unless  objections  thereto  are  ^e  of  filing- 
made  in  writing.     Such  objections  to  nominations  of  candi-  JjjjjJ-  JJJ- 1  ^8- 
dates  for  state  offices  shall  be  filed  with  the  secretary  of 
the  commonwealth,  for  city  offices  with  the  city  clerk,  or 
in  Boston  with  the  election  commissioners,  and  for  town 
offices  with  the  town  clerk;  and  in  the  case  of  state  offices 
within  the  seventy-two  week-day  hours,  in  the  case  of  city 
offices,  except  in  Boston,  and  in  other  cities  where  city 
charters  provide  otherwise,  within  the  forty-eight  week-day 
hours,  and  in  the  case  of  town  offices  within  the  twenty-four 
week-day  hours,  succeeding  five  o'clock  in  the  afternoon 
of  the  last  day  fixed  for  the  filing  of  nomination  papers  for 
such  offices.     In  Boston  such  objections  shall  be  filed  on  in  Boston, 
or  before  five  o'clock  P.M.  on  the  fourteenth  day  preceding 
the  city  election. 

SECTION  205.     Objections  to  nominations  for  state  offices,  objections, 
and  all  other  questions  relating  thereto,  shall  be  considered  c^'sid^S0™ 
by   the   state   ballot  law  commission;  to  nominations  for  1907' 56°*  * 179' 
city  offices,  except  in  Boston,  by  the  board  of  registrars, 
the  city  clerk  and  the  city  solicitor;  in  Boston,  by  the  ballot 
law  commission  of  said  city;  and  to  nominations  for  town 
offices,  by  the  board  of  registrars. 

The  boards  constituted  in  cities  and  towns  may,  at  hear-  May  summon 

r       i  •       ,  •  i  ,  •  •«.  witnesses,  etc. 

ings  on  such  objections  and  questions,  summon  witnesses, 
administer  oaths  and  require  the  production  of  books  and 
papers.  Such  witnesses  shall  be  summoned  in  the  same 
manner,  be  paid  the  same  fees,  and  be  subject  to  the  same 
penalties  for  default,  as  witnesses  before  the  superior  court. 
A  summons  may  be  signed,  and  an  oath  may  be  administered 
by  any  member  of  such  board,  and  the  decision  of  a  majority 
of  the  members  thereof  shall  be  final. 

When  such  objection  has  been  filed,  notice  thereof  shall  SndSates  and 
be  forthwith  mailed  by  the  secretary  of  the  commonwealth,  committees. 


72 


NOMINATION  OF  CANDIDATES. 


Determination 
when  several 
candidates 
have  same 
designation. 


Withdrawal  of 
names  of 
candidates. 
1907,  560,  §  180. 
1909,  486,  §  56. 


Nomination  in 

case  of  death, 

withdrawal, 

etc. 

1907,  560,  §  181. 

1909,  486, 

§§  64,  56. 


or  by  the  city  or  town  clerk,  or  election  commissioners, 
respectively,  to  the  candidates  affected  thereby,  addressed 
to  their  residences  as  given  in  the  certificates  of  nomination 
or  nomination  papers,  and  to  any  party  committee  interested 
in  the  nomination  to  which  objection  is  made. 

If  more  candidates  bearing  the  same  designation  are 
nominated  for  an  office,  otherwise  than  by  nomination  papers, 
than  are  to  be  elected  thereto,  such  boards  shall  determine 
the  candidates,  if  any,  entitled  to  such  designation. 

SECTION  206.  A  person  nominated  as  a  candidate  for 
any  state,  city  or  town  office  may  withdraw  his  name  from 
nomination  by  a  request  in  writing  signed  by  him  and 
acknowledged  before  a  justice  of  the  peace  and  filed  with 
the  officer  with  whom  the  nomination  was  filed,  in  the  case 
of  a  state  office  within  the  seventy-two  week-day  hours, 
in  the  case  of  a  city  office,  except  in  Boston,  and  in  other 
cities  where  city  charters  provide  otherwise,  within  forty- 
eight  week-day  hours,  and  in  the  case  of  a  town  office  within 
the  twenty-four  week-day  hours,  succeeding  five  o'clock 
in  the  afternoon  of  the  last  day  fixed  for  the  filing  of  nomina- 
tion papers  for  such  office.  In  Boston,  such  withdrawals 
shall  be  filed  on  or  before  five  o'clock  P.M.  on  the  fourteenth 
day  preceding  the  city  election. 

SECTION  207.  If  a  candidate  nominated  for  a  state, 
city  or  town  office  dies  before  the  day  of  election,  or  with- 
draws his  name  from  nomination,  or  is  found  to  be  ineligible, 
the  vacancy  for  a  city  office  in  Boston  may  be  filled  by  a 
committee  of  not  less  than  five  persons,  or  a  majority  thereof, 
if  such  committee  be  named,  and  so  authorized  in  the  nomina- 
tion papers,  and  the  vacancy  for  a  state,  city  or  town  office 
elsewhere,  except  for  city  office  where  city  charters  provide 
otherwise,  may  be  filled  by  the  same  political  party  or 
persons  who  made  the  original  nomination,  and  in  the  same 
manner;  or,  if  the  time  is  insufficient  therefor,  the  vacancy 
may  be  filled,  if  the  nomination  was  made  by  a  convention 
or  caucus,  in  such  manner  as  the  convention  or  caucus  may 
have  prescribed,  or,  if  no  such  provision  has  been  made, 
by  a  regularly  elected  general  or  executive  committee  repre- 
senting the  political  party  or  persons  who  held  such  con- 
vention or  caucus.  In  the  event  of  the  withdrawal  or  death 
of  any  candidate  of  a  political  party  nominated  by  direct 
nomination  for  any  office,  the  vacancy  may  be  filled  by  a 
regularly  elected  general  or  executive  committee  representing 
the  election  district  in  which  such  vacancy  occurs,  or,  if 


NOMINATION  OF  CANDIDATES.  73 

no  such  committee  exists,  by  the  members  of  the  ward  and 

town  committees  in  the  wards  and  towns  comprising  such 

district.     If  a  vacancy  is  caused  by  withdrawal,  certificates  Timeof  filing. 

of  nomination  made  otherwise  than  in  the  original  manner 

shall  be  filed  within  seventy-two  week-day  hours  in  the 

case  of  state  offices,  or  within  forty-eight  week-day  hours 

in  the  case  of  city  or  town  offices,  succeeding  five  o'clock 

in  the  afternoon  of  the  last  day  for  filing  withdrawals,  except 

that  in  Boston  all  substitutions  to  fill  vacancies  caused  by 

withdrawal  or  ineligibility  shall  be  filed  with  the  election 

commissioners  on  or  before  five  o'clock  P.M.  on  the  twelfth 

day  preceding  the  city  election.     They  shall  be  open  to  objection*. 

objections  in  the  same  manner,  so  far  as  practicable,  as  other 

certificates  of  nomination.     No  vacancy  caused  by  with- 

drawal  shall  be  filled  before  the  withdrawal  has  been  filed.  . 

SECTION  208.    When   a   nomination   is    made   to   fill   a  certificate  in 
vacancy  caused  by  the  death,  withdrawal  or  ineligibility  nX>nftc°mi~ 
of  a  candidate,  the  certificate  of  nomination  shall,  in  addition  J^S,  §  132. 
to  the  other  facts  required,  state  the  name  of  the  original 
nominee,  the  fact  of  his  death,  withdrawal  or  ineligibility, 
and  the  proceedings  had  for  filling  the  vacancy;  and  the 
presiding  officer  and  secretary  of  the  convention  or  caucus, 
or  the  chairman  and  secretary  of  an  authorized  committee, 
shall  sign  and  make  oath  to  the  truth  of  the  certificate, 
and  it  shall  be  accompanied  by  the  written  acceptance  of 
the  candidate  nominated. 

SECTION    209.     Certificates    of   nomination,    nomination  certificates, etc., 
papers,    objections   thereto   and   withdrawals,    when   filed,  Sontprei'rTa"- 
shall,  under  proper  regulations,  be  open  to  public  inspection,  J^jJ;  gjg;  §  183 
and  the  secretary  of  the  commonwealth  and  the  several 
city  and  town  clerks,  and  in  Boston  the  election  commis- 
sioners, shall  preserve  the  same  in  their  respective  offices 
for  one  year. 

SECTION  210.     The  secretary  of  the  commonwealth  shall,  2£S£t!& 
upon  application,  provide  blank  forms  for  the  nomination  1907-  56°- §  18i- 
of  candidates  for  all  state  offices;   and  he  shall  send  blank 
forms  for  certificates  of  nomination  for  the  office  of  repre- 
sentative in  the  general  court  to  the  clerk  of  each  city  and 
town  for  the  use  of  any  caucus  or  convention  other  than  of 
political  parties  held  therein  for  the  nomination  of  candi- 
dates for  that  office.     He  shall  likewise  provide  the  clerks 
of  towns  wherein  official  ballots  are  used  with  blank  forms 
for  the  nomination  of  candidates  for  town  offices. 


74 


STATE  BALLOT  LAW  COMMISSION. 


State  ballot 
law  commis- 
sion, appoint- 
ment, term, 
etc. 
1907,  560,  §  185. 


Not  to  hold 

certain  other 

public  office, 

etc. 

1907,  560,  §  186. 


May  summon 


administer 
oaths,  etc. 
1907,  560,  §  187. 


Decision  to  be 
final. 

1907,  560,  §  188. 


Compensation. 
1907,  560,  §  189. 


State  Ballot  Law  Commission. 

SECTION  211.  There  shall  be  a  state  ballot  law  commis- 
sion consisting  of  three  persons,  one  of  whom  shall  annually 
in  June  or  July  be  appointed  by  the  governor  with  the  advice 
and  consent  of  the  council,  for  a  term  of  three  years  from 
the  succeeding  first  day  of  August.  The  governor  with  the 
advice  and  consent  of  the  council  may  remove  any  member 
of  the  commission  or  fill  any  vacancy  therein  for  the  re- 
mainder of  the  unexpired  term.  There  shall  always  be  on 
said  commission  a  member  of  each  of  the  two  leading  politi- 
cal parties. 

SECTION  212.  No  member  of  said  commission  shall  hold 
any  public  office  except  that  of  justice  of  the  peace  or  notary 
public,  or  be  a  candidate  for  public  office,  or  member  or 
employee  of  any  political  committee.  If  any  member  of 
the  commission  shall  be  nominated  as  a  candidate  for  public 
office  and  shall  not  in  writing  decline  said  nomination  within 
three  days,  he  shall  be  deemed  to  have  vacated  his  office  as 
a  member  of  said  commission. 

SECTION  213.  The  state  ballot  law  commission  may  sum- 
mon witnesses,  and  administer  to  them  oaths,  and  may 
require  the  production  of  books  and  papers  at  a  hearing 
before  it  upon  any  matter  within  its  jurisdiction.  Witnesses 
shall  be  summoned  in  the  same  manner,  be  paid  the  same 
fees,  and  be  subject  to  the  same  penalties  as  witnesses  sum- 
moned before  the  general  court.  A  summons  may  be  signed 
and  an  oath  may  be  administered  by  any  member  of  said 
commission. 

SECTION  214.  The  decision  of  a  majority  of  the  mem- 
bers of  the  commission  upon  any  matter  within  its  juris- 
diction shall  be  final. 

SECTION  215.  The  members  of  the  state  ballot  law  com- 
mission shall  each  be  paid  such  compensation  for  their 
services,  not  exceeding  five  hundred  dollars  annually,  as  the 
governor  and  council  may  determine;  and  the  total  expendi- 
tures by  and  on  account  of  said  commission  shall  not  exceed 
the  sum  of  two  thousand  dollars  in  any  one  year. 


WARDS  AND  VOTING  PRECINCTS.  75 


PART    III. 

Wards  and  Voting  Precincts. 

SECTION  216.     A  city  may,  in  the  year  nineteen  hundred 
and  fifteen,  and  in  every  tenth  year  thereafter,  before  the 
first  day  of  July,  by  vote  of  its  city  council,  make  a  new  im  MO;  §  2.  ' 
division  of  its  territory  into  such  number  of  wards  as  may 
be  fixed  by  law.     The  boundaries  of  such  wards  shall  be  so 
arranged  that  the  wards  shall  contain,  as  nearly  as  can  be 
ascertained  and    as    may  be   consistent  with  well-defined 
limits  to  each  ward,  an  equal  number  of  voters.     The  city  Secretary  of 
clerk  shall  forthwith  give  notice  in  writing  to  the  secretary  weai^t^bT 
of  the  commonwealth  of  the  number  and  designations  of  notlfi<?d- 
the  wards  so  established. 

SECTION  217.     Each  city  shall  be  divided  into  convenient  Voting  pre- 

•      •ti  i  i  i  cmcts,  desig- 

voting  precincts,  designated  by  numbers  or  letters  and  con-  nation,  etc. 
taining  not  more  than  one  thousand  voters. 

Every  ward  shall  constitute  a  voting  precinct  by  itself,  wa 
or  shall  be  divided  into  such  precincts.  If  a  ward  consti- 
tuting  one  precinct  contains  less  than  one  thousand  voters,  boundaries, 
according  to  the  registration  of  voters  at  the  preceding 
annual  city  election,  the  aldermen  may,  and  if  it  contains 
more  than  one  thousand  voters,  shall,  on  or  before  the  first 
Monday  of  July,  divide  it  into  two  or  more  voting  precincts. 
If  a  voting  precinct  shall,  in  any  year,  according  to  such 
registration,  contain  more  than  one  thousand  voters,  the 
aldermen  shall  in  like  manner  either  divide  such  precinct 
into  two  or  more  voting  precincts  or  shall  make  a  new  divi- 
sion of  the  ward  into  voting  precincts;  so  that  no  precinct 
shall  contain  more  than  one  thousand  voters.  Such  pre- 
cincts shall  be  so  established  as  to  contain,  as  nearly  as  may 
be,  an  equal  number  of  voters,  shall  consist  of  compact  and 
contiguous  territory  entirely  within  one  ward,  and  be 
bounded,  so  far  as  possible,  by  the  centre  line  of  known 
streets  or  ways  or  by  other  well-defined  limits. 

SECTION  218.    On  or  before  the  first  Monday  of  Septem-  voting  pre- 
ber  in  the  year  of  a  re-division  of  a  city  into  wards,  the  alder-  nS^ivSion 
men  shall  divide  such  city  into  voting  precincts,  conform-  f  Jo7,a5&o,'  §  192. 
ably  to  the  provisions  of  the  preceding  section. 

SECTION  219.     For  all  elections  in  the  year  of  a  re-divi-  2^<|jjr2ij£t 
sion  of  a  city  into  wards,  and  in  cities  where  annual  munici-  jj^^    193 
pal  elections  are  held  prior  to  such  re-division  for  the  annual  1909,'  440!  §  2. 
municipal  election  in  the  succeeding  year,  for  a  special  elec- 


76 


WARDS  AND  VOTING  PRECINCTS. 


Map  or  de- 
scription of 
new  precincts 
to  be  pub- 
lished and 
posted,  etc. 
1907,  560,  §  194. 


Voting  pre- 
cincts in 
towns,  duty 
of  selectmen. 
1907,  560,  §  195. 


Report  to  be 
presented  by 
town  clerk  at 
town  meeting, 
etc. 


Changes  may 
be  made  in 
voting  pre- 
cincts. 
1907,  560,  §  196. 


tion  held  prior  to  the  annual  state  election  in  the  next  suc- 
ceeding year,  and  for  the  assessment  of  taxes,  the  wards  as 
existing  previous  to  such  re-division  shall  continue,  and  for 
such  purposes  the  election  officers  shall  be  appointed  and 
hold  office,  and  voting  lists  shall  be  prepared,  and  all  other 
things  required  by  law  shall  be  done  as  if  no  such  re-division 
had  been  made.  For  all  other  purposes  the  new  division 
shall  take  effect  on  the  first  day  of  July  of  the  year  when 
it  is  made. 

SECTION  220.  When  a  ward  has  been  divided  into  new 
voting  precincts,  or  the  voting  precincts  thereof  have  been 
changed,  the  aldermen  shall  forthwith  cause  a  map  or 
description  of  the  division  to  be  published,  in  which  the 
new  precincts  shall  be  designated  by  numbers  or  letters  and 
shall  be  defined  clearly  and,  so  far  as  possible,  by  known 
boundaries;  and  they  shall  cause  such  map  or  description 
to  be  posted  in  at  least  ten  public  places  in  each  precinct  of 
a  ward  so  divided,  and  copies  thereof  furnished  to  the  regis- 
trars of  voters,  in  Boston  to  the  election  commissioners,  and 
the  assessors,  and  to  the  election  officers  of  each  precinct  so 
established. 

SECTION  221.  A  town  may  direct  its  selectmen  to  pre- 
pare a  division  of  the  town  into  convenient  voting  precincts. 
The  selectmen  shall,  so  far  as  possible,  make  the  centre  line 
of  streets  or  ways,  or  other  well-defined  limits,  the  bound- 
aries of  the  proposed  precincts,  and  shall  designate  them 
by  numbers  or  letters.  They  shall,  within  sixty  days,  file 
a  report  of  their  doings  with  the  town  clerk,  with  a  map  or 
description  of  the  proposed  precincts,  and  with  a  statement 
of  the  number  of  male  voters  registered  in  each  for  the 
preceding  annual  election.  The  report  shall  be  presented 
by  the  town  clerk  at  the  next  succeeding  town  meeting,  but 
it  shall  not  be  acted  upon  except  at  a  meeting  called  for  the 
purpose,  and  held  at  least  seven  days  after  the  report  has 
been  filed.  The  division  so  reported  may  be  amended  at 
such  meeting,  and  shall  take  effect  when  adopted.  Elections 
of  state  officers  held  in  such  town  more  than  sixty  days  after 
such  action  shall  be  held  in  the  precincts  so  established.  If 
such  report  shall  be  rejected  the  town  may  at  any  time 
direct  the  selectmen  to  prepare  a  new  division. 

SECTION  222.  A  town  may  make  any  change  in  its  voting 
precincts  which  the  selectmen  shall  have  recommended  in  a 
statement  giving  the  boundaries,  the  designations  of  the 
proposed  precincts  and  the  number  of  voters  registered  in 


ELECTION  OFFICERS.  77 

each  for  the  preceding  annual  state  or  town  election,  filed 
with  the  town  clerk  at  least  seven  days  before  a  town  meeting 
called  for  the  purpose;  but  no  changes  other  than  those  so 
proposed  by  the  selectmen  shall  be  made  at  such  meeting. 

SECTION  223.     When  a  town  has  been  divided  into  voting  Map  or  descrip- 
precincts  or  the  voting  precincts  thereof  have  been  changed,  pasted,  etc. 
the  selectmen  shall  post  in  the  office  of  the  town  clerk  and  1907>  560>  §  197' 
in  at  least  three  public  places  in  each  new  precinct  a  map  or 
description  in  which  the  new  precincts  shall  be  designated 
by  numbers  or  letters,  and  defined  clearly  and,  so  far  as 
possible,  by  known  boundaries;   and  they  shall  also  furnish 
copies  thereof  to  the  registrars  of  voters  and  the  assessors 
of  such  town,  and  to  the  election  officers  of  each  precinct  so 
established. 

SECTION  224.     Any  town  may,  at  a  meeting  called  for  Voting  pre- 

•  i  i  •  , .  . .  . .  .  11  cincts  may  be 

the  purpose,  discontinue  its  voting  precincts ;  and  subsequent  discontinued, 
elections  therein  shall  be  held  as  if  no  such  division  had  been  1907, 560,  §  193. 
made.     But  it  may,  in  any  subsequent  year,  establish  voting 
precincts  as  hereinbefore  provided. 

SECTION  225.    When  wards  of  a  city  have  been  changed 
or  when  voting  precincts  in  a  city  or  town  have  been  estab-  nSeeV0  be 
lished,  changed  or  discontinued,  the  city  or  town  clerk  shall  1907»  5®>,  §  199. 
forthwith  give  a  notice  thereof  in  writing  to  the  secretary  of 
the  commonwealth,  stating  the  number  and  designation  of 
such  wards  or  such  voting  precincts  and  in  a  city  the  wards 
in  which  they  are  situated. 

Election  Officers. 
SECTION  226.    The  mayor  of  every  city,  except  Boston,  Election 

,       .,  ...  •.         i  -i  •  i     11  officers  in  cer- 

and  other  cities  where  city  charters  provide  otherwise,  shall  tain  cities, 
annually,   with   the   approval   of   the  board   of   aldermen,  JST" 
appoint  as  election  officers  for  each  voting  precinct,  one  J^J;  lfQ\ 5  m 
warden,  one  deputy  warden,  one  clerk,  one  deputy  clerk, 
four  inspectors  and  four  deputy  inspectors,  who  shall,  at  the 
time  of  their  appointment,  be  qualified  voters  in  the  ward 
of  which  such  precinct  forms  a  part.     He  may,   in  like 
manner,  appoint  two  inspectors  and  two  deputy  inspectors 
in  addition.     Every  such  nomination  shall  be  filed  in  the 
office  of  the  city  clerk  of  such  city  in  the  month  of  August, 
and  on  or  before  the  thirty-first  day  of  said  month,  and  shall 
be  acted  upon  by  the  board  of  aldermen  not  less  than  three 
days  after  the  filing  of  such  nomination  and  on  or  before 
the  second  Monday  in  September  following.     Such  nomina- 
tion shall  be  open  to  public  inspection.     In  cities  in  which 


78 


ELECTION  OFFICERS. 


Deputy  warden, 
clerk  and  in- 
spectors not  to 
be  appointed 
in  certain  cities. 


In  Boston. 


In  towns 
divided  into 
voting  pre- 
cincts. 

1907,  560,  §  201. 


Election 
officers  to 
equally  repre- 
sent the  two 
leading  politi- 
cal parties, 
except,  etc. 
1907,  560,  §  202. 


Term  of  office. 


Maybe 
removed. 


Removal  of 
election  officers 
in  Boston  on 
the  day  of  an 
election. 
1907,  560,  §  203. 


the  board  of  aldermen  or  the  board  having  the  powers  of  a 
board  of  aldermen  has  accepted  or  hereafter  accepts  the 
provisions  of  this  section  the  following  election  officers  shall 
not  be  appointed :  —  deputy  warden,  deputy  clerk  and 
deputy  inspectors. 

In  Boston  the  election  officers  as  aforesaid  shall  be  ap- 
pointed by  the  election  commissioners  except  that  no  deputy 
election  officers  shall  be  appointed. 

SECTION  227.  The  selectmen  of  every  town  divided  into 
voting  precincts  shall  annually,  between  the  first  and  fifteenth 
day  of  August,  appoint  as  election  officers  for  each  voting 
precinct,  one  warden,  one  deputy  warden,  one  clerk,  one 
deputy  clerk,  two  inspectors  and  two  deputy  inspectors, 
who  shall  be  voters  of  the  precinct.  They  may,  in  like 
manner,  appoint  two  inspectors  and  two  deputy  inspectors 
in  addition. 

SECTION  228.  Such  election  officers  shall  be  so  appointed 
as  equally  to  represent  the  two  leading  political  parties,  ex- 
cept that,  without  disturbing  the  equal  representation  of 
such  parties,  not  more  than  two  of  such  election  officers  not 
representing  either  of  them  may  be  appointed.  The  warden 
shall  be  of  a  different  political  party  from  the  clerk,  and  not 
more  than  one  half  of  the  inspectors  shall  be  of  the  same 
political  party.  In  each  case  the  principal  officer  and  his 
deputy  shall  be  of  the  same  political  party.  Every  election 
officer  shall  hold  office  for  one  year,  beginning  with  the 
fifteenth  day  of  September  succeeding  his  appointment,  and 
until  his  successor  is  appointed  and  qualified,  or  until  his 
removal.  An  election  officer  may  be  removed  by  the  mayor, 
with  the  approval  of  the  aldermen,  or  by  the  selectmen,  in 
Boston  by  the  election  commissioners,  after  a  hearing,  upon 
written  charge  of  incompetence  or  official  misconduct  pre- 
ferred by  the  city  or  town  clerk,  in  Boston  by  the  election 
commissioners,  or  by  not  less  than  six  voters  of  the  ward,  or, 
in  a  town,  of  the  voting  precinct  in  which  the  officer  is 
appointed  to  act. 

SECTION  229.  In  Boston,  the  election  commissioners  may 
upon  the  day  of  any  election  therein,  forthwith  remove  any 
election  officer  found  to  be  incompetent  or  so  conducting 
himself  as  to  prejudice  the  public  interest,  and  appoint  some 
other  person  of  the  same  political  party  in  his  place;  and 
the  officer  so  removed  shall  receive  no  compensation  for 
services  rendered  on  such  day,  and  shall  be  disqualified  for 
appointment  as  an  election  officer  for  one  year  thereafter. 


ELECTION  OFFICERS.  79 

SECTION  230.     If  a  vacancy  in  the  number  of  the  election  ruling  of 
officers  occurs  before  the  twentieth  day  of  September  in  any  IST^umbl? 
year,  or,  in  a  city,  after  the  annual  state  election  and  one  offieir8tion 
week  at  least  before  the  annual  city  election,  or  if  an  election  iw.  m*  §  204. 
officer  declines  his  appointment  and  gives  notice  thereof  to 
the  city  or  town  clerk,  or  in  Boston  to  the  election  commis- 
sioners, before  the  twentieth  day  of  September,  or,  if  at  a 
special  election  the  office  of  an  election  officer  is  vacant,  the 
mayor,  with  the  approval  of  the  aldermen,  or  the  selectmen, 
shall  fill  the  vacancy;  and  the  appointment  shall  be  so  made 
as  to  preserve  the  equal  representation  of  the  two  leading 
political  parties.     Appointments  to  fill   vacancies  may  be 
acted   upon  immediately  by  the   board   of   aldermen.     In 
Boston  such  vacancies  shall  be  filled  by  the  election  com- 
missioners. 

SECTION  231.     No  person  shall,  at  a  state,  city  or  town  candidates 
election,  be  eligible  or  act  as  an  election  officer  in  a  voting  totciT8ble 
precinct  in  which  he  is  a  candidate  for  election;    and  if  a  fnece^infficers 
person  who  has  been  appointed  an  election  officer  becomes  Jjgp  -560  §  m 
such  a  candidate,  and  does  not  forthwith  resign  his  office, 
the  mayor  or  selectmen,  in  Boston  the  election  commissioners, 
shall,  if  he  is  a  candidate  at  a  state  election,  remove  him  from 
office  before  the  first  day  of  November,  or,  if  he  is  a  candi- 
date at  a-  city  election,  the  mayor,  in  Boston  the  election 
commissioners,  shall  so  remove  him  at  least  eight  days  before 
the  day  of  the  election,  or  if  he  is  a  candidate  at  a  town 
election  the  selectmen  shall  remove  him  before  the  election. 

SECTION  232.     If  a  warden,  clerk  or  inspector  is  absent  Deputy  to  act 
at  the  opening  of  the  polls  or  subsequently  on  the  day  of  «uSTS£ 
election,  or  if  the  office  is  vacant,  the  deputy  of  such  officer  1912,'  515! § '' 
shall  act  for  that  election  in  his  place.     If  the  warden  and 
deputy  warden,  clerk  and  deputy  clerk,  or  an  inspector  and 
his  deputy,  shall  be  absent,  the  voters  of  the  precinct  on 
nomination  and  by  hand  vote  shall  fill  the  vacancy,  and  the 
officer  so  elected  shall  act  during  the  remainder  of  the  elec- 
tion; but  otherwise  no  deputy  officer  shall  act  in  an  official 
capacity  or  be  admitted  to  the  space  reserved  for  election 
officers  while  the  polls  are  open  or  during  the  counting 
of  the  votes. 

In  cities  where  no  deputy  warden  or  deputy  clerk  is  ap-  in  cities  where 
pointed,  if  a  warden  or  clerk  is  absent  at  the  opening  of  warder 
the  polls  or  subsequently  on  the  day  of  election,  or  if  the  Sle£pj£il3£df 
office  is  vacant,  the  senior  inspector  of  the  same  political  who  sha11  **• 
party  as  such  warden  or  clerk  shall  act  as  warden  or  clerk 


80 


ELECTION  OFFICERS. 


Ballot  clerks 

of  precincts, 

detail,  duties, 

etc. 

1907,  560,  §  207. 


Presiding 
officer  in 
towns  not 
divided  into 
precincts,  etc. 
1907,  560,  §  20S. 


Ballot  clerks 
in  certain 
towns,  ap- 
pointment, 
duties. 
1907,  560,  §  209. 


Political  repre- 
sentation. 


Oath  of  office 
of  election 
officers. 
1907,  560,  §  210. 


Tellers,  ap- 
pointment, 
duties,  etc. 
1907,  560,  §  211. 


Political 
representation. 


for  that  election,  and  the  voters  of  the  precinct,  on  nomina- 
tion and  by  hand  vote,  shall  fill  the  vacancy  in  the  office 
of  inspector. 

SECTION  233.  At  state  elections  in  cities  and  in  towns 
divided  into  voting  precincts,  and  in  city  elections,  the 
presiding  election  officer  of  each  voting  place  or  precinct 
shall  detail  two  inspectors  of  different  political  parties  to 
act  as  ballot  clerks,  who  shall  have  charge  of  the  ballots  and 
shall  furnish  them  to  voters. 

SECTION  234.  The  selectmen  in  towns  not  divided  into 
voting  precincts  shall,  at  meetings  for  the  election  of  state 
officers,  have  the  powers  of  wardens  in  cities  or  moderators 
in  towns,  and  shall  act  by  their  chairman  or  senior  member 
present,  who  shall  be  regarded  as  the  presiding  election 
officer. 

SECTION  235.  At  state  elections  in  towns  not  divided 
into  voting  precincts,  and  at  town  elections  in  towns  in 
which  official  ballots  are  used,  the  selectmen  shall,  before 
the  opening  of  the  polls,  appoint  two  voters  as  ballot  clerks, 
who  shall  have  charge  of  the  ballots  and  shall  furnish  them 
to  voters.  The  selectmen  or  the  moderator  presiding 
at  such  election  may  subsequently  appoint  additional  ballot 
clerks,  not  exceeding  one  for  every  four  hundred  voters 
and  majority  fraction  thereof,  and  may  likewise  fill  any 
vacancy  after  the  opening  of  the  polls.  Such  ballot  clerks 
shall  be  so  appointed  as  to  represent  the  two  leading  political 
parties  as  equally  as  may  be,  except  that  such  additional 
ballot  clerks  may  be  appointed  from  voters  not  representing 
either  of  them. 

SECTION  236.  Every  election  officer  before  entering  upon 
the  performance  of  his  official  duties  shall  be  sworn  before 
the  city  or  town  clerk,  a  justice  of  the  peace,  or  the  presiding 
officer  or  clerk  at  the  polls,  and  a  record  thereof  shall  be  made. 
In  Boston,  the  oath,  except  in  case  of  vacancies  filled  at  the 
polls,  shall  be  taken  before  an  election  commissioner  and 
record  thereof  made. 

SECTION  237.  Selectmen  of  towns  shall,  at  least  five  days 
before  a  state  or  town  election,  appoint  voters  as  tellers 
to  assist  at  the  ballot  box  and  in  checking  the  names  of 
voters  upon  the  voting  lists,  and  in  canvassing  and  counting 
the  votes.  Presiding  officers  in  such  towns,  at  state  and 
town  elections,  may  appoint  voters  as  additional  tellers, 
and  they  shall  do  so  when  requested  in  writing  by  ten  voters 
of  the  town.  Tellers  appointed  at  elections  at  which  official 


ELECTION  OFFICERS.  81 

ballots  are  used  shall  be  so  appointed  that  the  election 
officers  making  and  assisting  in  the  canvass  and  count  of 
votes  shall  equally  represent  the  two  leading  political  parties. 

SECTION  238.     Election  officers  shall  receive  such  com-  Election 
pensation  for  each  day's  actual  service  as  the  city  council  £SS'0^m~ 
or  the  selectmen  respectively  may  determine;  but  no  deputy  1907>  560f  §  212- 
officer   shall   receive    compensation    except   for   attendance 
at  the  opening  of  the  polls  or  for  services  in  place  of  an 
absent  officer. 

SECTION  239.     If  the  office  of  city  clerk  shall  be  vacant, 
or  if  a  city  clerk  shall  be  unable  to  perform  the  duties  re- 


quired  by  this  act,  the  mayor  shall  appoint  a  clerk  pro 
tempore  to  perform  the  duties  required  hereunder.  If  the 
office  of  town  clerk  shall  be  vacant,  or  a  town  clerk  shall  be 
unable  to  perform  the  duties  required  hereunder,  the  select- 
men shall  in  writing  under  their  hands,  appoint  a  clerk  pro 
tempore.  Such  clerk  pro  tempore  shall  be  sworn  to  the 
faithful  performance  of  his  duties. 

SECTION  240.    The  governor,  with  the  advice  and  consent  fS^°ra  of 
of  the  council,  shall,  upon   the  petition  in  writing  of  ten  appointment, 

i*n     i  ,  e  i  n  i  i  •         political  repre- 

qualined  voters  or  a  ward  or  or  a  town,  presented  to  him  sentatkm. 

at  least  twenty-one  days  before  a  state  or  city  election  1907>  560>  §  214< 

therein,  appoint  for  such  ward  or  town  or  for  each  of  such 

voting  precincts  as  may  be  named  in  the  petition,  two  voters 

of  the  city  or  town,  who  shall  not  be  signers  of  the  petition 

or  members  of  any  political  committee  or  candidates  for 

any  office,  to  act  as  supervisors  at  such  election.     One  super- 

visor shall  be  appointed  from  each  of  the  two  leading  political 

parties.     They  shall  be  sworn  to  the  faithful  performance  TO  be  sworn, 

of  their  duties  by  the  city  or  town  clerk  or  by  a  justice  of  §SS!  &E 

the  peace.     The  supervisors  shall  attend  the  polling  places 

for  which  they  are  appointed,  may  challenge  persons  offering 

to  vote,  and  shall  witness  the  conduct  of  the  election  and  the 

counting  of  votes;  but  they  shall  not  make  any  statement 

tending  to  reveal  the  state  of  the  polls  before  the  public 

declaration  of  the  vote.     They  shall  remain  where  the  ballot 

boxes  are  kept  after  the  polls  are  open  and  until  the  ballots 

are  sealed  for  transmission  to  the  officers  entitled  to  receive 

them.     Each   supervisor   may  affix  his   signature,   for  the 

purpose  of  identification,  to  the  copy  of  the  record  of  votes 

cast,  or  attach  thereto  any  statement  touching  the  truth 

or  fairness  or  conduct  of  the  election.     Supervisors  shall  Compensation. 

receive    such   compensation  for   each   day's  actual   service 

as  the  city  council  or  the  selectmen  may  determine. 


82 


VOTING  PLACES. 


Polling  places, 

designation, 

preparation, 

etc. 

1907,  560,  §  215, 


Voting  booths 
may  be  placed 
in  highways, 
etc. 


To  be  con- 
veniently 
located,  etc. 


Certain  build- 
ings not  to  be 
used,  etc. 


Notice  to  be 
given,  etc. 


Marking 

shelves  and 

guard  rails  to 

be  provided, 

etc. 

1907,  560,  §  216. 


Supplies,  etc., 
for  marking 
ballots. 


Voting  Places. 

SECTION  241.  The  aldermen  in  cities,  except  where  city 
charters  provide  otherwise,  and  the  selectmen  of  every  town 
divided  into  voting  precincts,  and  in  Boston  the  election 
commissioners,  shall,  twenty  days  at  least  before  the  annual 
state  or  city  election  and  ten  days  at  least  before  any  special 
election  of  a  state  or  city  officer  therein,  designate  the  polling 
place  for  each  voting  precinct  and  shall  cause  it  to  be  suit- 
ably fitted  up  and  prepared  therefor.  In  a  city  or  town 
which  has  provided  voting  booths  such  booths  may  be  placed 
in  the  highways  of  such  city  or  town,  provided  said  high- 
ways are  left  reasonably  safe  and  convenient  for  public 
travel.  It  shall  be  in  a  public,  orderly  and  convenient 
portion  of  the  precinct;  but  if  no  such  polling  place  can  be 
had  within  the  precinct,  they  may  designate  a  polling  place 
in  an  adjoining  precinct.  No  building  or  portion  of  a 
building  shall  be  designated  or  used  as  a  polling  place  in 
.which  intoxicating  liquor  has  been  sold  within  the  thirty 
days  preceding  the  day  of  the  election.  When  the  polling 
places  have  been  designated,  the  aldermen,  and  in  Boston 
the  election  commissioners,  shall,  in  at  least  five  public 
places  in  each  precinct  of  the  city,  and  selectmen,  in  at 
least  three  public  places  in  each  precinct  of  the  town,  forth- 
with post  a  printed  description  of  the  polling  places  desig- 
nated, and  may  give  further  notice  thereof. 

SECTION  242.  The  board  of  aldermen  or  the  selectmen, 
in  Boston  the  election  commissioners,  shall  cause  each  polling 
place  in  their  respective  cities  and  towns  to  be  provided 
with  a  sufficient  number  of  suitable  marking  shelves  or  com- 
partments where  voters  may  conveniently  and  secretly  mark 
their  ballots;  and  they  shall  cause  a  guard  rail  to  be  so  placed 
that  only  persons  who  are  inside  thereof  can  approach  within 
six  feet  of  the  ballot  boxes  or  of  the  marking  shelves  or  com- 
partments. The  ballot  boxes  and  the  marking  shelves  or 
compartments  shall  be  in  open  view  of  persons  in  the 
polling  place  outside  the  guard  rail.  The  number  of  marking 
shelves  or  compartments  shall  be  not  less  than  one  for  every 
seventy-five  voters  at  such  polling  place,  and  not  less  than 
five  in  any  voting  precinct  of  a  city,  and  not  less  than  three 
in  any  town  or  voting  precinct  thereof.  Each  marking  shelf 
or  compartment  shall  at  all  times  be  provided  with  proper 
supplies  and  conveniences  for  marking  the  ballots. 


ELECTION  APPARATUS  AND  BLANKS.  83 


Ballot  Boxes,  Voting  Machines,  Counting  Apparatus  and  Blanks. 

SECTION  243.     The  secretary  of  the  commonwealth  shall, 
at  the  expense  of  the  commonwealth,  provide  every  city 
and  town  for  use  at  every  polling  place  therein  with  a  state 
ballot  box  and  counting  apparatus  approved  by  the  board 
of  voting  machine  examiners  as  provided  in  section  two 
hundred  and  forty-nine.     Ballot  boxes  shall  be  purchased 
by  the  secretary  at  a  price  not  exceeding  fifty  dollars  each. 
The  secretary  shall  likewise  provide  every  city  and  town  for  Blank  forms 
use  at  each  polling  place  by  the  election  officers  in  the  can-  *° 
vass  and  count  of  votes,  with  suitable  blank  forms. 

SECTION  244.  The  secretary  of  the  commonwealth  shall 
provide  every  city  and  town  with  suitable  blank  forms  and 
envelopes  for  all  certificates,  copies  of  records  and  returns  1907,  seo,  §  218. 
required  to  be  made  at  his  office,  with  such  printed  directions 
thereon  as  he  may  deem  necessary;  and  such  other  blank 
forms  and  suggestions  and  instructions,  as  will  assist  the 
election  officers  in  the  performance  of  their  duties.  The 
clerks  of  the  courts  of  the  several  counties  shall  in  like  manner 
provide  cities  and  towns  with  suitable  blank  forms  and  en- 
velopes for  all  certificates,  copies  of  records  and  returns  re- 
quired to  be  made  to  the  county  commissioners  and  boards 
of  examiners. 

SECTION  245.     The  clerk  of  each  city  or  town,  in  Boston  Ballot  boxes, 
the  election  commissioners,   shall  provide  therein  a  place 
for  the  safe  keeping  of  the  ballot  boxes  and  counting  appara- 
tus  furnished  by  the  commonwealth,  and  of  voting  machines  29. 

used  in  such  city  or  town.  They  shall  have  the  care  and  1912!  wi,'  §  5.  ' 
custody  thereof,  and  shall  see  that  they  are  kept  in  good 
order  and  repair.  The  custody,  care  and  repair  of  all  such 
voting  machines,  ballot  boxes  and  apparatus  shall  be  at  the 
expense  of  the  city  or  town,  but  shall  be  subject  to  the  super- 
vision and  control  of  the  secretary  of  the  commonwealth, 
who  may,  at  the  expense  of  the  commonwealth,  subject  to 
approval  as  aforesaid,  cause  necessary  improvements  to  be 
made  in  any  of  such  voting  machines,  ballot  boxes  or 
apparatus. 

SECTION  246.     If  a  state  ballot  box  becomes  defective  or  Defective  bai- 
is  lost  or  destroyed,  the    secretary  of   the   commonwealth  ma^68' etc" 
shall,  upon  application  by  the  clerk  of  the  city  or  town  in  j^oJ^J;  §  220. 
which  such  box  is  used  or  by  the  election  commissioners  of 
the  city  of  Boston,  provide  another  ballot  box  at  the  expense 
of  such  city  or  town. 


84  ELECTION  APPARATUS  AND  BLANKS. 


SECTION  247.  The  clerk  of  every  city,  in  Boston  the 
1907,  560,  §  221.  election  commissioners,  and  the  clerk  of  every  town  divided 
into  voting  precincts  shall  furnish  to  the  clerk  of  each  voting 
precinct  a  seal  of  suitable  device,  with  a  designation  thereon 
of  such  precinct;  and  such  seal  shall  be  used  in  sealing  all 
envelopes  required  by  law  to  be  used  at  the  elections.  The 
clerk  of  the  precinct  shall  retain  the  custody  of  the  seal, 
and  shall,  at  the  end  of  his  term  of  office,  deliver  the  same, 
with  the  records  of  the  precinct  and  other  official  documents 
in  his  custody,  to  the  city  or  town  clerk,  or  election  com- 
missioners. 

a  allaratus  '  etc       SECTION  248.     Every  city  and  town  clerk,  or  in  Boston 

to  be  sent'to    '  the  election  commissioners,  shall  send  to  the  election  officers 

loo?1,1^  §  222.  at  each  polling  place,  before  the  opening  of  the  polls  on  the 

day  of  an  election  or  meeting  at  which  the  same  are  required 

to  be  used,  the  ballot  box,  blank  forms  and  counting  and 

other  apparatus. 

state  ballot  SECTION  249.     The  state  ballot  law  commission  shall  con- 

law  commis-  ii»»  •*  •  •  i 

sion  to  con-       stitute  the  state  board  of  voting  machine  examiners  and  no 

stitute  state  •         •  i  •  i      11     i  •  • 

board  of  member  of  said  commission   shall   have  any  pecuniary  m- 


terest,  directly  or  indirectly,  in  any  voting  machine,  ballot 
1912!  64?!  §  i24'  box  or  counting   apparatus.      They  shall,  at  such  times, 
Examination      under  such  conditions,  and  after  such  public  notice  as  they 
of  voting  ma-     shall  determine,  examine  voting  machines,  ballot  boxes  and 
boxefand110'      counting  apparatus,  and  they  shall  file  with  the  secretary 
counting  appa-  of   t^     commonwealth    their    approval    in   writing   of   all 
machines,  ballot  boxes   and   counting  apparatus  which  in 
their  judgment  conform  to  the  requirements  of  law,  together 
with  such  written  or  printed  descriptions,  and  such  draw- 
ings, specifications  and  photographs  as  will  clearly  identify 
such  machines,  and   the  secretary  of   the   commonwealth 
shall  send  a  copy  of  each  report  on  voting  machines  to 
Expert  ma-       every  city  and  town  clerk.     For  the  purpose  of  such  ex- 
animation  the  said  board  may  employ  not  more  than  three 
expert  machinists  at  a  cost  not  exceeding  ten  dollars  each 
for  each  day  employed,  to  be  paid  from  the  appropriation 
for  the  expenses  of  the  commission. 

?herSmmon-  ^  anv  machine,  ballot  box  or  counting  apparatus  approved 
noSfied^f  aly  an(*  prescribed  by  said  board  in  accordance  with  the  pro- 
baifotinbfox  or  v*si°ns  °f  tnis  and  of  the  following  section  shall,  in  the 
counting  appa-  judgment  of  the  board  at  any  time  thereafter,  by  reason 

ratus  ceases  »    ,  i  /.   <.       .  ,  J     . 

to  conform  to     of  the  enactment  01  further  requirements,  cease  to  conform 

0fqiaw?Ttcnts     to  the  requirements  of  law,  the  board  shall  notify  the  secre- 

tary of  the  commonwealth  thereof,  who  shall  forthwith  send 


ELECTION  APPARATUS  AND  BLANKS.  85 

a  copy  of  such  notice  to  every  city  and  town  clerk;  and  no 
such  machine,  ballot  box  or  counting  apparatus  shall  be 
used  at  any  primary  or  election  until,  upon  examination 
by  said  board,  it  shall  in  their  judgment  conform  to  all  the 
requirements  of  law,  and  shall  be  approved  in  the  manner 
hereinbefore  provided. 

SECTION  250.     Voting  machines  shall  furnish  convenient  ^JJJJment8 
simple  and  satisfactory  means  of  voting  at  primaries  and  machines.  ^ 
elections  and  of  ascertaining  and  recording  the  true  result  1912',  MI',  §  2.  ' 
thereof  with  facility  and  accuracy,  special  regard  being  given 
to  the  prevention  and  detection  of  double  voting  at  primaries 
and  elections  and  to  voting  for  candidates  of  more  than  one 
political  party  at  a  primary;    but  no  machine  shall  be  ap- 
proved which  does  not  secure  to  the  voter  as  much  secrecy 
in  voting  as  is  afforded  by  the  use  of  the  official  ballot. 
Ballot  boxes  shall  have  sufficient  locks  and  keys  or  seal  5*8S?b32L 
fastenings,  and  shall  contain  mechanical  devices  for  receiv- 
ing, registering  and  cancelling  every  ballot  deposited  therein; 
but  no  such  box  shall  record  any  distinguishing  number  or 
mark  upon  a  ballot.     No  machine,  ballot  box  or  counting  Only  approved 
apparatus,  except  such  as  is  approved  in  accordance  with  Sot1  b5es 
the  provisions  of  this  and  of  the  preceding  section,  shall  be  JJ^J^ 
used  at  any  election,  primary  or  caucus  in  this  common-  **» used- 
wealth;  nor  shall  any  such  machines,  ballot  boxes  or  count- 
ing apparatus  be  used  except  in  accordance  with  the  pro- 
visions of  this  act.     The  arrangement  of  names  and  questions  Arrangement 
on  voting  machines  shall  be  in  general  the  same  as  on  the  SnToS etc" 
official  ballot,  except  that  when  in  the  judgment  of  the  machine8- 
ballot  law  commissioners  it  is  not  practicable,  said  com- 
missioners shall  determine  the  arrangement. 

SECTION  251.     The  mayor  and  aldermen  of  a  city,  or  Purchase  and 
the  body  corresponding  thereto,  or  a  town,  may,  at  a  meeting  S!chin2.in8 
held  at  least  thirty  days  before  the  primary  or  election  at  JgJJ;  MI',  § ' 
which  the  voting  machines  are  to  be  used,  determine  upon  §53>4- 
and  purchase  one  or  more  voting  machines  approved  as 
provided  in  section  two  hundred  and  forty-nine,  and  order 
the  use  thereof  at  primaries  and  elections  of  state,  city  or 
town  officers  in  such  city  or  town;  and  thereafter  at  all 
primaries  and  elections  of  state,  city  or  town  officers  in 
that  city  or  town,  until  otherwise  ordered  by  the  aldermen 
in  a  city,  or  the  board  corresponding  thereto,  and  the  select- 
men in  a  town,  said  machines  shall  be  used  at  primaries  and 
for  the  purpose  of  voting  for  the  officers  to  be  elected  at 
such  elections  and  for  taking  the  vote  upon  the  question  of 


86 


ELECTION  APPARATUS  AND  BLANKS. 


How  machines 
purchased  may 
be  paid  for. 


No  ballots,  etc., 
to  be  furnished 
where  machines 
are  used. 
Preparation 
for  use  and 
delivery  at 
polling  place. 
1912,  641,  §  6. 


Election 
officers  when 
voting  ma- 
chines are  used. 
1912,  641,  §  7. 


Regulations 
for  use  of 
voting  ma- 
chines, ballot 
boxes  and 
counting  appa- 
ratus. 

1907,  560,  §  227. 
1912,  641,  §  8. 


Voting  ma- 
chines, ballot 
boxes  and 
counting  appa- 
ratus to  be 
inspected,  etc. 
1907,  560,  §  228. 
1912,  641,  §  10. 


granting  licenses  for  the  sale  of  intoxicating  liquors  and  upon 
other  questions  submitted  to  the  voters.  In  Boston,  the 
power  to  determine  upon,  purchase  and  order  the  use  of 
voting  machines  shall  be  vested  in  a  board  consisting  of  the 
election  commissioners  and  the  mayor;  and  the  expense  so 
incurred  shall  be  deemed  an  expense  of  the  election  depart- 
ment of  the  city;  and  the  machines  so  purchased  shall  be 
used  at  primaries  and  elections  in  that  city  until  otherwise 
ordered  by  said  commissioners.  Machines  purchased  may 
be  paid  for  either  by  appropriation,  by  the  issue  and  sale  of 
bonds,  or  by  the  issue  and  delivery  of  certificates  of  indebted- 
ness or  other  negotiable  obligations,  of  such  amounts  and 
payable  at  such  times  as  shall  be  determined  by  the  board 
or  officers  purchasing  the  machines. 

For  polling  places  in  which  voting  machines  are  to  be  used 
no  ballot  boxes  or  ballots  shall  be  furnished. 

SECTION  252.  The  body,  board  or  official  charged  with 
the  conduct  of  elections  in  any  city  or  town  in  which  voting 
machines  are  used  shall,  before  the  opening  of  the  polls 
at  a  primary  or  election,  cause  each  machine  to  be  prepared 
for  use  and  delivered  at  the  polling  place,  and  shall  cause 
to  be  done  all  things  necessary  to  hold  the  primary  or  election 
with  machines. 

SECTION  253.  In  any  election  when  voting  machines 
are  used  in  any  polling  place  in  any  city  or  town,  the  number 
of  election  officers  in  such  polling  place  may  be  less  than 
six  in  the  discretion  of  the  board,  body  or  official  in  which 
or  in  whom  the  authority  to  determine  the  number  of  elec- 
tion officers  in  such  polling  place  is  vested  by  law,  subject, 
however,  to  the  provisions  of  section  two  hundred  and 
twenty-eight. 

SECTION  254.  The  ballot  law  commission  shall  make 
regulations  for  the  use  of  the  voting  machines,  ballot  boxes 
and  counting  apparatus  approved  by  the  board,  and  suitable 
instructions  for  the  voters  in  cities  and  towns  in  which  such 
machines,  ballot  boxes  and  counting  apparatus  are  used 
shall  be  prepared  and  furnished  by  the  secretary  of  the 
commonwealth. 

SECTION  255.  No  voting  machine  shall  be  used  at  a 
primary  or  election  until  it  has  been  inspected  under  the 
direction  of  the  secretary  of  the  commonwealth  and  found 
upon  such  inspection  to  conform  to  drawings  and  specifica- 
tions to  be  filed  in  the  office  of  the  secretary  by  the  ballot 
law  commission,  with  their  report  on  the  machine,  nor  shall 


PREPARATION  AND  FORM  OF  BALLOTS.  87 

any  ballot  box  or  counting  apparatus  be  so  used  until  it  has 
been  inspected  and  approved  under  the  direction  of  the 
secretary. 

SECTION  256.  When  voting  machines  or  ballot  boxes  Persons  of 
are  purchased  by  the  commonwealth  or  by  a  city  or  town, 
the  person  or  persons  of  whom  the  purchase  is  made  shall 
give  to  the  secretary  of  the  commonwealth,  or  city  or  town  5§  226 
clerk,  as  the  case  may  be,  or  in  Boston  to  the  election  com-  1912!  &*i!  §  12. 
missioners,  a  bond  with  sufficient  sureties  to  keep  such  ma- 
chines or  ballot  boxes  in  working  order  for  two  years.  Such 
persons  shall  also  give  a  bond  with  sufficient  sureties,  condi- 
tioned to  defend  and  indemnify  the  commonwealth  or  cities 
and  towns  purchasing  and  using  the  machines  or  ballot 
boxes  against  any  suit  at  law  or  in  equity  and  for  any  expense, 
damage  or  inconvenience  which  they  may  incur  or  suffer 
by  reason  of  any  suit  brought  against  them  for  infringement 
of  patents  or  other  rights,  arising  from  the  purchase  or  use 
of  such  machines  or  ballot  boxes. 


Preparation  and  Form  of  Ballots. 

SECTION  257.     All  ballots  for  use  in  elections  of  state  Ballots,  prep- 
officers  shall  be  prepared  and  furnished  by  the  secretary  fi?n2hingd 
of  the   commonwealth;  all   ballots  for  use  in  elections  of  1907>  560>  §  229' 
city  officers,  by  the  city  clerk,  in  Boston  by  the  election 
commissioners;  and  all  ballots  for  use  in  elections  of  town 
officers,  in  a  town  which  has  voted  to  use  official  ballots, 
by  the  town  clerk.     No  ballots  as  herein  provided  shall 
be  printed  in  any  printing  establishment  owned  or  managed 
by  the  city  of  Boston. 

SECTION  258.     General  ballots  for  the  use  of  male  voters  General  ballots. 
in  a  voting  precinct  or  town  shall  contain  the  names  of  all  1SS,'  486,'  1 5!°' 
candidates  duly  nominated  for  election  therein,  and  such  1912f  398>  §  3< 
ballots  shall,  except  as  provided  in  section  two  hundred  and 
sixty,  contain  the  name  of  no  other  person. 

To  the  name  of  each  candidate  for  a  state  office  shall  be  Residence  to 
added  the  name  of  the  city  or  town  in  which  the  candidate  nlme  oef 
resides.     To  the  name  of  each  candidate  for  a  city  office  ra 
shall  be  added  the  name  of  the  street  on  which  he  resides, 
with  his  street  number,  if  any;  and  to  the  name  of  each 
candidate  for  the  office  of  alderman  at  large  shall  also  be 
added  the  number  of  the  ward  in  which  he  resides. 

To  the  name  of  each  candidate  for  a  state  or  city  office,  Political 
except  city  offices  in  Boston,  shall  be  added  in  the  same 


88 


PREPARATION  AND  FORM  OF  BALLOTS. 


Candidates 
with  same- 
designation. 


Designation 
of  certain  can- 
didates nom- 
inated by 
nomination 
papers. 


Candidates 
receiving 
nomination  of 
more  than  one 
party,  etc., 
may  direct  as 
to  order  on 
ballot. 


Arrangement 
of  names. 
1907,  560,  §  231. 
1909,  486,  §  57. 


Designation 
for  office  of 
representative 
in  congress. 


space  his  party  or  political  designation  or  designations, 
expressed  in  accordance  with  section  two  hundred  and  one. 
To  the  name  of  each  candidate  for  a  town  office  upon  an 
official  ballot  shall  be  added  the  designation  of  the  party 
or  principle  which  he  represents,  contained  in  the  certificate 
of  nomination  or  nomination  papers.  No  greater  number 
of  candidates  for  any  office,  bearing  the  same  political 
designation,  nominated  otherwise  than  by  nomination  papers, 
shall  be  placed  upon  the  official  ballot  than  are  to  be  elected. 

If  the  name  of  a  political  party  is  used  in  connection  with 
some  other  name  or  term  as  the  designation  of  a  candidate 
nominated  for  a  state  or  city  office  by  a  nomination  paper, 
the  words  "nomination  paper",  or  "nom.  paper",  shall 
be  added  to  such  political  designation. 

If  a  candidate  shall  receive  the  nomination  of  more  than 
one  party  or  more  than  one  political  designation  for  the 
same  office,  he  may,  within  the  seventy-two  hours  next 
succeeding  five  o'clock  of  the  last  day  fixed  for  the  filing 
of  nomination  papers,  by  a  writing  delivered  to  the  officer 
or  board  required  by  law  to  prepare  the  official  ballot,  direct 
in  what  order  the  several  nominations  or  political  designations 
shall  be  added  to  his  name  upon  the  official  ballot;  and  such 
directions  shall  be  followed  by  the  said  officer  or  board.  If, 
during  said  time,  said  candidate  shall  neglect  to  direct  in 
writing  as  aforesaid,  then  said  officer  or  board  shall  add 
said  nominations  or  political  designations  to  the  name  of 
said  candidate  upon  the  official  ballot  in  such  order  as  said 
officer  or  board  shall  determine. 

SECTION  259.  The  names  of  candidates  for  every  state, 
city  and  town  office,  except  the  names  of  candidates  for 
presidential  electors,  shall  be  arranged  under  the  designation 
of  the  office  in  alphabetical  order  according  to  the  surnames, 
except  that  for  municipal  offices  in  Boston  the  names  of 
candidates  for  the  same  office  shall  be  printed  upon  the 
official  ballot  in  the  order  in  which  they  may  be  drawn  by 
the  board  of  election  commissioners,  as  provided  in  section 
fifty-seven,  chapter  four  hundred  and  eighty-six  of  the  acts 
of  the  year  nineteen  hundred  and  nine;  but  the  names  of 
candidates  for  the  same  office  but  for  different  terms  of 
service  therein  shall  be  arranged  in  groups  according  to  the 
length  of  their  respective  terms,  and  the  names  of  candidates 
nominated  by  single  wards  but  to  be  voted  for  at  large  shall 
be  arranged  in  groups  by  wards.  In  the  case  of  the  office 
of  representative  in  congress,  the  designation  may  be  "con- 


PREPARATION  AND  FORM  OF  BALLOTS.  89 


gressman."  Blank  spaces  shall  be  left  at  the  end  of  the  list 
of  candidates  for  each  different  office,  equal  to  the  number 
to  be  elected  thereto,  in  which  the  voter  may  insert  the  name 
of  any  person  not  printed  on  the  ballot  for  whom  he  desires 
to  vote  for  such  office.  If  the  approval  of  a  constitutional 
amendment  or  any  other  question  is  submitted  to  the  voters,  votera- 
it  shall  be  printed  on  the  ballot  after  the  names  of  the 
candidates. 

Special  ballots  containing  only  the  names  of  candidates  for  Special  ballots. 
school  committee  shall  also  be  prepared  in  like  manner  and 
printed  for  the  use  of  women  qualified  by  law  to  vote  for 
school  committee. 

Ballots  shall  be  so  printed  as  to  give  to  each  voter  an  ^[^^ 
opportunity  to  designate  by  a  cross  [  X],  in  a  square  at  the  tionsfor.eto. 
right  of  the  name  and  designation  of  each  candidate,  and  at 
the  right  of  each  question,  his  choice  of  candidates  and  his 
answer  to  such  question;    and  upon  the  ballots  may  be 
printed  such  directions  as  will  aid  the  voter:   for  example, 
"vote  for  one",  "vote  for  two",  "yes",  "no",  and  the  like. 
On  the  back  and  outside  of  each  ballot  when  folded  shall  be  official  in- 
printed  the  words,  "Official  Ballot  for",  followed  by  the  d< 
designation  of  the  voting  precinct  or  town  for  which  the 
ballot  is  prepared,  the  date  of  election,  and  a  facsimile  of  the 
signature  of  the  secretary  of  the  commonwealth,  or  city  or 
town  clerk,  in  Boston  a  facsimile  of  the  signatures  of  the 
election  commissioners,  who  has  caused  the  ballot  to  be 
prepared.     Special  ballots  shall  have  the  additional  indorse- 
ment, "For  School  Committee  only." 

SECTION  260.  The  names  of  candidates  for  presidential 
electors  shall  be  arranged  in  groups  as  presented  in  the 
several  certificates  of  nomination  or  nomination  papers.  The  candidates, 
groups  shall  be  arranged  in  the  alphabetical  order  of  the  1907,  560,  §  232. 
surnames  of  the  candidates  for  president,  and  the  names  of 
the  candidates  in  each  group  shall  be  printed  upon  the 
ballots  in  two  columns  of  equal  width.  If  candidates  are 
nominated  at  large  and  for  the  several  congressional  dis- 
tricts, the  name  and  place  of  residence  of  one  of  the  candi- 
dates at  large  shall  be  put  at  the  head  of  each  column,  and 
the  names  of  the  other  candidates  with  their  places  of 
residence  and  the  numbers  of  their  congressional  districts 
shall  follow  in  the  numerical  order  of  the  districts.  The 
surnames  of  the  candidates  of  each  political  party  for  the 
offices  of  president  and  vice  president,  with  the  political 
designation  thereof  at  the  right  of  the  surnames,  shall  be 


90 


PREPARATION  AND  FORM  OF  BALLOTS. 


Official  ballots, 

paper,  size, 

form,  type, 

etc. 

1907,  560,  §  233. 


Special  ballots 
to  be  printed 
on  colored 
paper. 

Ballots,  num- 
ber to  be 
provided. 
1907,  560,  §  234. 
1912,  266. 


Proviso. 


Partial  ballots 
for  use  in  cer- 
tain cases. 


Ballots  to  be 
arranged  in 
packages,  etc. 
1907,  560,  §  235. 


placed  in  one  line  above  the  group  of  candidates  of  such 
party  for  electors.  A  sufficient  square  in  which  each  voter 
may  designate  by  a  cross  [  X  ]  his  choice  for  electors  shall  be 
left  at  the  right  of  each  political  designation;  and  no  other 
space  or  margin  shall  be  left  in  any  such  group  of  candidates. 

SECTION  261.  The  official  ballots  shall,  except  as  other- 
wise provided  herein,  be  of  ordinary  white  printing  paper, 
of  two  or  more  pages,  and  shall,  before  distribution,  be  so 
folded  as  to  measure  not  less  than  four  and  one  half  inches 
nor  more  than  five  inches  in  width  and  not  less  than  six 
inches  nor  more  than  thirteen  and  one  half  inches  in  length. 
The  names  of  all  candidates  shall  be  printed  in  black  ink 
in  lines  at  a  right  angle  with  the  length  of  the  ballot.  The 
names  of  all  candidates,  other  than  candidates  for  presi- 
dential electors  and  for  president  and  vice  president,  and 
the  initial  letters  of  all  names  of  candidates  for  presidential 
electors,  shall  be  in  capital  letters  not  less  than  one  eighth 
of  an  inch  nor  more  than  one  quarter  of  an  inch  in  height. 
The  surnames  and  political  designations  of  the  candidates 
for  president  and  vice  president  shall  be  in  capital  letters 
not  less  than  three  sixteenths  of  an  inch  in  height. 

The  special  ballots  for  women  registered  to  vote  for  school 
committee  shall  be  printed  on  colored  paper  of  a  different 
color  from  that  of  specimen  ballots. 

SECTION  262.  One  set  of  ballots  of  not  less  than  sixty 
ballots  for  every  fifty  and  fraction  of  fifty  registered  voters 
shall  be  provided  for  each  polling  place  at  which  an  election 
for  state,  city  or  town  officers  is  to  be  held,  and  one  set  of 
special  ballots  of  not  less  than  sixty  ballots  for  every  fifty 
and  fraction  of  fifty  women  registered  to  vote  for  school 
committee  shall  be  provided  for  each  polling  place  at  which 
an  election  for  city  or  town  officers  is  to  be  held:  provided, 
however,  that  the  secretary  of  the  commonwealth  or  the  city 
or  town  clerk,  as  the  case  may  be,  may  provide  a  duplicate 
set  of  ballots  for  any  polling  place  when  he  deems  it  necessary. 

A  sufficient  number  of  partial  ballots  in  state  elections 
shall  be  prepared  for  voters  who  may  be  entitled  to  vote 
for  a  part  only  of  the  officers  to  be  voted  for  in  a  city  or 
town.  A  statement  shall  be  printed  on  the  back  of  such 
ballots,  in  addition  to  the  official  indorsement,  indicating 
the  class  of  voters  for  whose  use  the  ballots  are  furnished, 
and  such  ballots  only  shall  be  furnished  to  such  voters. 

SECTION  263.  Ballots,  in  convenient  numbers,  shall  be 
arranged  in  packages.  A  record  of  the  number  of  ballots 


INFORMATION  TO  VOTERS.  91 

printed  and  delivered  to  each  polling  place  shall  be  kept 
by  the  secretary  of  the  commonwealth,  or  the  city  or  town 
clerk,  for  one  year. 

SECTION  264.     If  a  vacancy  occurs  or  is  declared  in  the  Printing  of 
list  of  nominations,  by  reason  of  death  or  ineligibility,  the  vSntjThea 
name  of  the  candidate  nominated  to  fill  such  vacancy  shall,  w7™5w,  §  230 
if  the  ballots  have  not  been  printed,  be  placed  on  them  or, 
if  the  ballots  have  been  printed,  ballots  containing  the  new 
nomination  shall,  when  practicable,  be  substituted. 

Information  to  Voters. 

SECTION  265.     The   secretary   of   the   commonwealth   in  Cards  of  in- 
state elections,  city  clerks  in  city  elections,  in  Boston  the 
election  commissioners,  and  town  clerks  in  town  elections 
at  which  official  ballots  are  used,  shall,  for  every  such  elec- 
tion, prepare  and  cause  to  be  printed  in  large  clear  type 
cards  containing  full  instructions  to  voters  for  obtaining 
ballots,  marking  them,  obtaining  assistance  and  new  ballots 
in  place  of  those  accidentally  spoiled;  and  on  separate  cards 
such  abstracts  of  the  laws  imposing  penalties  upon  voters 
as  they  shall  deem  proper.     They  shall  also  provide  for  each 
polling  place  ten  or  more  specimen  ballots  which  shall  be  to  be  provided, 
facsimiles  of  the  ballots  provided  for  voting,  but  printed 
without  the  indorsements  and  on  colored  paper.     The  secre-  copies  of  pro- 
tary  of  the  commonwealth  shall  provide  copies  of  any  pro-  Ke^taahe" 
posed   amendment   to   the   constitution   submitted   to   the  constitution, 
people,  with  a  heading  in  large  type,  "  Proposed  Amendment 
to  the  Constitution." 

SECTION  266.    The  secretary  of  the  commonwealth  shall,  %££ote£ndi~ 
at  least  five  days  before  state  elections,  transmit  to  the  state  elections, 
registrars,  in  Boston  to  the  election  commissioners,  printed  mittedtO3' 
lists  of  the  names,  residences  and  designations  of  candidates  SSoSf 560?'§C238. 
to  be  voted  for  at  each  polling  place,  substantially  in  the 
form  of  the  official  ballot,  and  also  printed  copies  of  any 
proposed  amendment  to  the  constitution.     The  registrars  TO  be  posted, 
or  election  commissioners  shall,  upon  the  receipt  thereof, 
conspicuously  post  in  not  less  than  three  public  places  in 
each  voting  precinct  or  town  the  lists  and  copies  aforesaid 
for  such  precinct  or  town. 

SECTION  267.     City  clerks,  in  Boston  the  election  com-  city  election, 
missioners,  shall,  at  least  four  days  before  a  city  election,  iS!on.pub" 
cause  to  be  posted  in  every  voting  precinct  the  names,  1907>  560>  §  m 
residences  and  designations  of  all  candidates  duly  nominated 
to  be  voted  for  in  such  city,  substantially  in  the  form  of  the 


92 


INFORMATION  TO  VOTERS. 


Town  election, 

posting. 

1907,  560,  §  240. 


Lists  of  candi- 
dates, etc., 
state  and  city 
elections,  to 
be  published. 

1907,  560,  §  241. 

1908,  461. 


Notice  to  be 
given  to  voters 
in  cities  of 
referendum 
measures. 
1913,  408,  §  1. 


official  ballot,  and  cause  the  same  to  be  published  in  at  least 
two  newspapers,  if  there  are  so  many  published  in  said 
city,  representing  so  far  as  practicable  the  two  leading 
political  parties. 

SECTION  268.  Town  clerks  in  towns  using  official  ballots 
shall,  at  least  four  days  before  an  election  therein,  cause  to 
be  posted  in  one  or  more  public  places  the  names,  residences 
and  designations  of  all  candidates  duly  nominated  to  be 
voted  for  in  such  town,  substantially  in  the  form  of  the 
official  ballot. 

SECTION  269.  The  secretary  of  the  commonwealth  before 
every  state  election  shall  cause  to  be  published  a  list  of  all 
candidates  to  be  voted  for  in  each  senatorial  district,  except 
in  the  county  of  Suffolk,  and  the  question  of  the  approval 
and  ratification  of  any  proposed  amendment  to  the  consti- 
tution, and  the  city  clerks,  in  Boston  the  election  commis- 
sioners, before  every  city  election  shall  cause  to  be  published 
a  list  of  all  candidates  to  be  voted  for  in  their  respective 
cities.  Such  lists  and  questions  shall  be  in  the  form,  as  near 
as  may  be,  in  which  they  are  to  appear  upon  the  official 
ballot,  and  said  publication  shall  be  made  for  state  elections 
in  each  senatorial  district  in  at  least  four  newspapers  in  the 
English  language,  if  there  are  so  many  in  that  district, 
except  in  the  county  of  Suffolk,  and  in  the  county  of  Suffolk 
such  publication  shall  be  made  in  at  least  four  newspapers 
in  the  English  language  published  therein.  Such  publica- 
tion, so  far  as  is  practicable,  shall  be  in  newspapers  repre- 
senting the  two  leading  political  parties,  and  at  such  reason- 
able cost  as  may  be  determined  by  the  secretary  of  the 
commonwealth.  For  city  elections  such  publication  shall 
be  made  in  at  least  two  newspapers  representing  the  two 
leading  political  parties,  if  there  are  so  many  in  the  city, 
devoted  wholly  or  chiefly  to  the  publication  of  general  or 
local  news. 

SECTION  270.  Whenever  any  proposed  law,  or  amend- 
ment to  the  constitution,  is  to  be  placed  upon  the  ballot 
at  any  election  to  be  voted  upon  by  the  voters  taking  part 
in  such  election,  it  shall  be  the  duty  of  the  city  clerk  in  every 
city  where  the  proposed  law  or  amendment  is  to  be  voted 
upon,  except  as  hereinafter  provided,  to  cause  to  be  sent  to 
each  of  the  registered  voters  in  his  city  entitled  to  vote 
thereon  a  copy  of  the  proposed  law  or  amendment  of  the 
constitution,  with  the  statement  that  the  proposed  law  or 
amendment  is  to  be  voted  on  at  said  election. 


DELIVERY  OF  BALLOTS,  ETC.  93 

SECTION  271.  Upon  a  vote  of  the  city  council  of  any  statement  of 
city,  with  the  approval  of  the  mayor,  there  may  be  sub- 
stituted  for  a  copy  of  such  proposed  law  or  amendment  a 
statement  of  the  general  purport  of  the  proposed  law  or 
amendment,  which  statement  shall  be  prepared  by  the  city 
solicitor  of  the  city  and  shall  be  approved  by  the  mayor  and 
city  council. 

SECTION  272.     All  such  copies  or  statements  shall  be  sent  when  to  be 
not  less  than  seven  days  and  not  more  than  twenty-one  ma,'  408,  §  3. 
days  before  the  election  at  which  said  matter  is  to  be  voted 
upon. 

SECTION  273.     By  vote  of  the  city  council  of  any  city,  Certain  Pro- 
with  the  approval  of  the  mayor,  the  provisions  of  the  three  b^S^ded, 
preceding  sections  may  be  suspended  and  made  inapplicable  1913, 408,  §  4. 
as  to  a  particular  proposed  law  or  constitutional  amendment. 

Delivery  of  Ballots,  etc. 

SECTION  274.     Ballots  for  state  elections  shall  be  enclosed 
in  a  package  by  the  secretary  of  the  commonwealth,  sealed 
and  marked  with  the  number  of  ballots  of  each  kind  therein,  §§  237, 242. 
and  specimen  ballots,  cards  of  instruction,  cards  containing- 
abstracts  of  the  laws  imposing  penalties  upon  voters,  and 
copies  of  any  proposed  amendment  to  the  constitution  shall 
be  enclosed  in  another  package,  and  the  whole  shall  be 
further  enclosed  in  a  single  package  with  marks  on  the  out- 
side indicating  its  contents  and  the  polling  place  for  which 
it  is  intended. 

He  shall  transmit  to  the  city  or  town  clerks,  in  Boston  Delivery, 
to  the  election  commissioners,  the  ballots,  cards  of  instruc-  re 
tion,  cards  containing  abstracts  of  the  laws  imposing  penal- 
ties upon  voters,  and  copies  of  proposed  amendments  to  the 
constitution,  so  that  they  shall  be  received  at  least  twelve 
hours  before  the  date  of  election,  and  the  clerks  or  election 
commissioners  shall  return  receipts  therefor  to  the  secretary. 
He  shall  keep  a  record  of  the  time  when  and  the  manner  in 
which  the  several  packages  are  transmitted,  and  shall  pre- 
serve the  receipts  therefor  for  one  year. 

The  clerk  of  each  city,  in  Boston  the  election  commis-  city_andtown 
sioners,  and  the  clerk  of  each  town  using  official  ballots  shall  ' 
enclose  the  ballots,  specimen  ballots,  cards  of  instruction  and 
cards  containing  abstracts  of  the  laws  imposing  penalties 
upon  voters  for  city  or  town  elections  in  the  same  manner. 

SECTION  275.    The  city  or  town  clerk,   in  Boston  the  Delivery  at 
election  commissioners,  shall,  on  the  day  of  every  state  or  polls' state 


94 


CALLING  OF  ELECTIONS. 


and  city 
elections. 
1907,  560, 
§§  237,  243. 
1912,  266. 


Receipt, 
record. 


At  town 
elections. 


Substitute 

ballots. 

1907,  560,  §  244. 


Annual  state 
election,  date, 
officers  to  be 
chosen. 

1907,  560,  §  245. 

1908,  597,  §  1. 


city  election,  before  the  opening  of  the  polls,  transmit  to  the 
election  officers  of  each  polling  place  therein,  the  ballots  with 
accompanying  specimen  ballots,  cards  of  instruction,  cards 
containing  abstracts  of  the  laws  imposing  penalties  upon 
voters,  and  copies  of  proposed  amendments  to  the  constitu- 
tion, which  have  been  provided  for  such  polling  place;  and 
the  presiding  election  officer  at  the  polling  place  shall  receipt 
therefor  to  the  clerk,  or  election  commissioners,  and  such 
receipt,  with  a  record  of  the  number  of  ballots  transmitted, 
shall  be  kept  in  the  clerk's  or  election  commissioners'  office 
for  one  year.  At  town  elections,  the  town  clerk  shall,  on  the 
day  of  the  election,  before  the  opening  of  the  polls,  deliver 
the  ballots  at  the  polling  place  to  the  ballot  clerks,  who 
shall  receipt  therefor,  and  their  receipt  shall  be  preserved 
in  the  office  of  the  clerk  for  the  period  of  one  year.  If  a 
moderator  presides  at  such  election,  no  such  ballots  shall  be 
delivered  to  voters  until  he  has  been  chosen.  The  town 
clerk  shall  also  deliver  the  specimen  ballots,  cards  of  instruc- 
tion and  cards  containing  abstracts  of  the  laws  imposing 
penalties  upon  voters  at  the  same  time  and  place.  No 
ballots  or  specimen  ballots  shall  be  delivered  by  city  or 
town  clerks  except  as  provided  in  this  section. 

SECTION  276.  If  the  ballots  provided  for  any  polling  place 
are  not  delivered,  or  if  after  delivery  they  are  destroyed  or 
stolen,  the  city  or  town  clerk,  in  Boston  the  election  com- 
missioners, shall  cause  similar  ballots  to  be  prepared;  and 
upon  receipt  of  such  new  ballots,  accompanied  by  a  state- 
ment by  the  clerk  or  election  commissioners  under  oath  that 
they  have  been  so  prepared  and  transmitted  by  him  or  them, 
and  that  the  original  ballots  have  not  been  delivered  or  have 
been  so  destroyed  or  stolen,  the  ballots  so  substituted  shall 
be  used. 

Calling  of  Elections. 

SECTION  277.  The  annual  state  election  for  the  choice 
of  governor,  lieutenant  governor,  councillors,  secretary, 
treasurer  and  receiver  general,  attorney-general,  auditor  of 
the  commonwealth,  and  senators  and  representatives  in  the 
general  court,  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  November.  There  shall  also  be  chosen  at 
the  annual  state  election,  when  required  by  law,  presidential 
electors,  and,  in  their  respective  districts  or  counties,  repre- 
sentatives in  congress,  district  attorneys,  clerks  of  the  courts, 
registers  of  probate  and  insolvency,  registers  of  deeds, 


CALLING  OF  ELECTIONS.  95 

county  commissioners,  associate  commissioners,  sheriffs  and 
county  treasurers. 

SECTION  278.     Meetings  of  the  voters  of  each  city  for  Calls  for 
the  election  of  state  officers  and  city  officers  shall  be  called  ci5eslom 
by  the  aldermen,  and  the  city  clerk  shall,  under  their  direc-  1907' 560>  §  246' 
tion,  cause  notice  of  such  meetings  to  be  printed  in  one  or 
more  newspapers  published  in  such  city  and  to  be  con- 
spicuously posted  in  the  office  of  the  city  clerk;    and  in 
Boston,  in  at  least  four  daily  newspapers  published  therein. 
Such  notices  shall  be  in  lieu  of  the  notices  or  warrants  for 
election  required  in  any  city  by  special  statutes.     Meetings  in  towns. 
of  the  voters  of  each  town  for  the  election  of  state  officers 
and  town  officers  shall  be  called  as  provided  in  section  three 
hundred  and  ninety-four.     Meetings  for  the  annual  state,  Seven  days' 
city  and  town  elections  shall  be  called  at  least  seven  days  SUn! 
before  the  day  prescribed  for  the  holding  thereof. 

SECTION  279.     Notices  or  warrants  for  .meetings  for  state  Notices  or 
and  city  elections  and  for  the  election  of  town  officers  in  J23J5  offices, 
towns  where  official  ballots  are  used  shall  specify  by  name  fgS?,  seo,  §  247. 
all  the  offices  to  be  voted  for,   and  state  in  full  any  proposed  1912«  307«  *  m- 
amendment  to  the  constitution  or  other  question  submitted 
to  the  people:    provided,  however,  that  any  act  submitted  Proyiso- 
for  acceptance  may  be  stated  by  its  chapter  number  and 
title  only.     They  shall  specify  the  time  when  the  polls  will  tim?foropen- 
be  opened,  and  in  cities,  when  the  polls  will  be  closed,  and  J3i^c.losillg 
in  towns,  when  they  may  be  closed. 

In  cities,  the  polls  may  be  opened  as  early  as  six  o'clock  o?oCpeningTnd 
in  the  forenoon  and  shall  be  opened  as  early  as  ten  o'clock  closing  poiu. 
in  the  forenoon  and  shall  be  kept  open  at  least  six  hours, 
but  in  no  case  after  the  hour  of  eight  o  'clock  in  the  evening. 

In  towns,  at  the  election  of  state  and  town  officers,  the  i?  towns,  time 

,  nfl  .  IP-      of  opening  and 

polls  may  be  opened  as  early  as  niteen  minutes  betore  six  closing  polls. 

o  'clock  in  the  forenoon  and  shall  be  opened  as  early  as  twelve 

o'clock,  noon,  and  shall  be  kept  open  at  least  four   hours, 

and  until  the  time  specified  in  the  wrarrant  when  they  may 

be  closed;  and  they  may  be  kept  open  for  such  longer  time 

as  the  meeting  shall  direct,  but  they  shall  not  be  kept  open 

after  the  hour  of  eight  o'clock  in  the  evening.     At  annual 

town  meetings  they  shall  be  kept  open  at  least  one  hour 

for  the  reception  of  votes  upon  the  question  of  licensing  the 

sale  of  intoxicating  liquors.     After  an  announcement  has 

been  made  by  the  presiding  officer  of  a  time  so  fixed  for 

closing  the  polls   they  shall  not  be   closed  at  an  earlier 

hour. 


96 


CONDUCT  OF  ELECTIONS. 


£ytby3away          A  town  may  by  by-law  designate  the  hour  at  which  the 

ft  wlSchannuai  annual  town  meeting  shall  be  called,  and,  subject  to  the 

^1^™eeting     provisions  of  this  section,  may  designate  the  hours  during 

called,  etc.        which  the  polls  shall  remain  open;  and,  further,  may  provide 

that  all  business,  except  the  election  of  such  officers  and  the 

determination  of  such  matters  as  by  law  are  required  to  be 

elected  or  determined  by  ballot,  shall  be  considered  after  a 

certain  hour,  or  by  adjournment  to  another  day. 


State,  city 
and  town 
elections,  post- 
ing instruc- 
tions, etc. 
1907,  560, 
§§  237,  248,  392. 


Pasters  to  be 
subject  to 
certain  re- 
strictions. 


Delivery  of 
ballots  to  bal- 
lot clerks. 

Disposition  of 
specimen 
ballots  not 
posted. 

State  ballot 
boxes  to  be 
used,  etc. 
1907,  560,  §  249. 
At  opening  of 
polls  to  be 
shown  to  be 
empty. 


Conduct  of  Elections. 

SECTION  280.  At  an  election  of  state  or  city  officers,  and 
of  town  officers  in  towns  where  official  ballots  are  used,  the 
presiding  election  officer  at  each  polling  place  in  a  city  or 
town  shall,  before  the  opening  of  the  polls,  post  at  least 
three  cards  of  instruction,  three  cards  containing  abstracts 
of  the  laws  imposing  penalties  upon  voters,  three  copies  of 
proposed  constitutional  amendments,  if  any,  and  at  least 
five  specimen  ballots  within  the  polling  place  outside  the 
guard  rail,  and  the  cards  of  instruction  and  a  copy  of  any 
proposed  amendment  in  each  marking  compartment;  and 
no  other  poster,  card,  handbill,  placard,  picture  or  circular 
intended  to  influence  the  action  of  the  voter,  except  a  paster 
to  be  placed  upon  the  official  ballot,  shall  be  posted,  exhibited, 
circulated  or  distributed  in  the  polling  place,  in  the  building 
in  which  the  polling  place  is  located,  on  the  walls  thereof, 
on  the  premises  on  which  the  building  stands,  on  the  side- 
walk adjoining  the  premises  where  such  election  is  being 
held,  or  within  one  hundred  and  fifty  feet  of  the  entrance 
to  such  polling  place.  Pasters  to  be  placed  on  the  official 
ballot  shall  be  subject  to  all  the  restrictions  imposed  by 
sections  two  hundred  and  fifty-eight  and  two  hundred  and 
sixty-one  as  to  names,  residences  and  political  designations 
of  candidates  and  the  size  of  the  type  in  which  the  names 
shall  be  printed.  The  presiding  election  officer  shall,  at  the 
opening  of  the  polls,  publicly  open  the  packages  containing 
the  ballots  and  deliver  them  to  the  ballot  clerks.  All  speci- 
men ballots  not  posted  shall  be  kept  in  the  custody  of  the 
presiding  officer  until  after  the  closing  of  the  polls. 

SECTION  281.  The  state  ballot  boxes  shall  be  used  for 
receiving  the  ballots  in  state  and  city  elections,  and  in  town 
elections  where  official  ballots  are  used.  The  election 
officers  at  each  polling  place  shall,  at  the  opening  of  the  polls 
and  be%fore  any  ballots  are  received,  publicly  open  the  ballot 


CONDUCT  OF  ELECTIONS.  97 

box,  and  ascertain  by  personal  examination,  and  publicly 
show  that  the  same  is  empty,  and  shall  immediately  there- 
after lock  or  fasten  the  box.     The  clerk  of  the  precinct  or  Record,  cus- 
town  shall  make  a  record  of  the  condition  of  the  box  register,  tody  of  key* 
and,  if  a  key  is  used,  it  shall  be  retained  by  the  police  officer 
or  constable  at  the  polling  place.     The  ballot  box  shall  not,  Not  to  be  re- 
after  it  is  shown  to  be  empty,  be  removed  from  public  view  ™ubi!c  view. 
until  all  ballots  have  been  removed  therefrom  and  the  box 
has  been  relocked  or  sealed.     The  ballot  box  shall  not  be  opening  of 
opened  nor  any  ballot  removed  therefrom  until  the  polls  are 
closed,  except  as  provided  in  section  three  hundred  and  two; 
but  in  order  to  make  room  for  ballots,  the  presiding  officer 
may,  in  the  presence  of  all  the  election  officers,  open  the  box 
and  pack  and  press  down  the  ballots  therein. 

The  presiding  officer  of  each  polling  place  shall  have  Presiding 
charge  of  the  ballot  box  and  ballot  box  seal,  and  shall,  at  c£eShave 
the  close  of  each  election,  return  the  same,  either  personally  baUot  box«  etc- 
or  by  a  police  officer  or  constable  in  attendance  at  the  polling 
place,  to  the  city  or  town  clerk,  in  Boston  to  the  election 
commissioners. 

If  it  becomes  impossible  to  use  the  state  ballot  box,  the  state  ballot  box, 
voting  shall  proceed  in  such  manner  as  the  presiding  officer  ^S^Sossi- 
shall  direct,  and  in  such  case  the  clerk  shall  record  the  bletouse- 
reason  why  such  ballot  box  is  not  used,  and  shall  enclose  an 
attested  copy  of  such  record  in  the  envelope  with  the  ballots 
cast.     The  provisions  as  to  the  use  and  custody  of  the  state  Provisions  to 
ballot  box  shall,  so  far  as  applicable,  apply  to  the  ballot  box  Jgfik!0  8ub" 
substituted  therefor. 

SECTION  282.    One  voting  list  shall  be  delivered  to  the  Voting  lists, 
ballot  clerks  and  another  to  the  officers  in  charge  of  the  Js?ver 
ballot  box.     When  a  ballot  is  delivered  to  a  voter,  his  name  1907' 560>  §  m 
shall  be  checked  on  the  first  and  when  he  deposits  his  ballot 
it  shall  be  checked  on  the  second.     The  officer  in  charge  of 
the  ballot  box  and  the  officer  in  charge  of  the  voting  list  shall  box  and  list. 
be  of  different  political  parties. 

SECTION  283.     No  election  officer  shall,  before  the  public  NO  statement 
declaration  of  the  vote,  make  any  statement  of  the  number 
of  ballots  cast,  the  number  of  votes  given  for  any  person,  the 
name  of  any  person  who  has  voted  or  whose  name  has  not  wr,  seo,  §  251. 
been  checked,  or  of  any  other  fact  tending  to  show  the  state  1911)  304< 
of  the  polls,  except  that  he  shall  when  requested  make  a 
statement  of  the  figures  on  the  ballot  box  register,  which 
statement  shall  not  be  considered  an  official  declaration  as 
to  the  state  of  the  polls  or  of  the  number  of  ballots  cast. 


98 


CONDUCT  OF  ELECTIONS. 


Persons  per- 
mitted within 
fuard  rail. 
907,  560,  §  252. 


Number  of 

voters  allowed 

within  guard 

rail. 

1907,  560,  §  253. 


Presiding 
officer,  general 
powers  and 
duties. 
1907,  560,  §  254. 


Police  officer, 
etc.,  to  pre- 
serve order. 
1907,  560,  §  255. 


Persons  smok- 
ing, etc.,  or 
having  liquor, 
etc.,  to  be  re- 
moved. 
1907,  560,  §  256. 


Offender  to 
be  detained, 
etc.,  but  not 
prevented 
from  voting. 
1807,  560,  §  257. 


SECTION  284.  No  persons  except  the  election  officers, 
supervisors,  the  city  clerk  of  the  city,  in  Boston  the  election 
commissioners,  and  voters  admitted  for  the  purpose  of 
voting,  shall,  during  the  progress  of  an  election  and  until 
the  public  declaration  of  the  vote,  be  permitted  within  the 
guard  rail,  unless  authorized  by  the  election  officers  for  the 
purpose  of  keeping  order  and  enforcing  the  law. 

SECTION  285.  No  more  than  four  voters,  besides  election 
officers  and  supervisors,  the  city  clerk  of  the  city,  in  Boston 
the  election  commissioners,  in  excess  of  the  number  of 
marking  compartments  provided,  shall  be  allowed  at  one 
time  within  the  guard  rail,  and  except  the  election  officers 
and  supervisors,  no  voters  shall  be  admitted  therein  after 
the  time  fixed  for  closing  the  polls;  but  voters  previously 
admitted  shall  be  allowed  five  minutes  after  the  time  so 
fixed  to  deposit  their  ballots. 

SECTION  286.  The  presiding  officer  at  each  polling  place 
shall  enforce  the  performance  of  their  duties  by  election 
officers.  He  shall  have  authority  to  maintain  order  and  to 
enforce  obedience  to  his  lawful  commands,  during  an  election 
and  the  counting  of  the  ballots  after  the  close  of  the  polls, 
in  and  about  the  polling  place  and  to  keep  the  access  thereto 
open  and  unobstructed,  and  he  may  require  any  police 
officer,  constable  or  other  person  to  communicate  his  orders 
and  directions  and  assist  in  their  enforcement. 

SECTION  287.  The  board  or  officer  in  charge  of  the  police 
force  of  each  city  and  town  shall  detail  a  sufficient  number 
of  police  officers  or  constables  for  each  polling  place  at  every 
election  therein  to  preserve  order  and  to  protect  the  election 
officers  and  supervisors  from  any  interference  with  then* 
duties  and  to  aid  in  enforcing  the  provisions  of  this  chapter. 

SECTION  288.  Any  person  who,  during  an  election  or 
town  meeting,  shall,  in  a  polling  place  or  place  of  such  meet- 
ing, smoke  or  have  in  his  possession  a  lighted  -pipe,  cigar  or 
cigarette,  or  carry  into  any  such  place  or  keep  therein  any 
intoxicating  liquor,  shall  be  deemed  guilty  of  disorderly 
conduct;  and  the  presiding  officer  shall  order  him  to  remove 
such  pipe,  cigar,  cigarette  or  liquor,  or  to  withdraw  from 
such  place,  and  for  disobedience  of  such  order  shall  cause 
him  to  be  removed  from  such  polling  place  or  meeting. 

SECTION  289.  If  a  person  at  an  election  refuses  to  obey 
the  lawful  commands  of  the  presiding  officer  or,  by  dis- 
orderly conduct  interrupts  or  disturbs  the  proceedings  of  an 
election  officer,  the  presiding  officer  may  require  any  police 


MANNER  OF  VOTING.  99 

officer,  constable  or  other  person  to  take  him  into  custody 
and  detain  him  until  after  the  election;  but  the  presiding 
officer  may  at  any  time  order  his  release.  Such  order  of 
detention  shall  not  be  so  enforced  as  to  prevent  such  person, 
if  a  voter  at  that  polling  place,  from  voting. 

SECTION  290.     Every  election  officer  shall  forthwith  report  ^i{f  of 
any  violation  of  the  provisions  of  sections  two  hundred  and  few  is  violated. 
seventy-seven  to  three  hundred  and  thirty-four,  inclusive,  19°7'  56°'  * 258' 
to  the  police  officer  or  constable  in  attendance  at  the  polling 
place,  and  such  police  officer  or  constable  shall  cause  the 
offender  to  be  prosecuted. 

Manner  of  Voting. 

SECTION  291.     Each  voter  desiring  to  vote  at  a  polling  Voting,  giving 
place  where  official  ballots  are  used  shall  give  his  name  and,  eJynoPbanotiv~ 
if  requested,  his  residence  to  one  of  the  ballot  clerks,  who  J^  560  §  259 
shall  thereupon  distinctly  announce  the  same;   and  if  such 
name  is  found  upon  the  voting  list  by  the  ballot  clerk,  he 
shall  check  and  repeat  the  name  and  give  one  ballot  to  such 
voter,  who  shall  then  be  admitted  within  the  guard  rail. 
If  not  entitled  to  vote  for  all  the  offices  upon  the  ballot, 
he  shall  receive  a  partial  ballot.     If  the  voter  is  a  woman, 
she  shall  receive  a  special  ballot  containing  the  names  of 
candidates  for  school  committee  only. 

SECTION  292.  The  voter  on  receiving  his  ballot  shall,  Eing  °f 
without  leaving  the  enclosed  space,  retire  alone  to  one  of  the  1907- 5°°- §  26°- 
marking  compartments,  and  shall,  except  in  the  case  of 
voting  for  presidential  electors,  prepare  his  ballot  by  making 
a  cross  [  X  ]  in  the  square  at  the  right  of  the  name  of  each 
candidate  for  whom  he  intends  to  vote  or  by  inserting  the 
name  of  such  candidate  in  the  space  provided  therefor  and 
making  a  cross  in  the  square  at  the  right;  and,  upon  a 
question  submitted  to  the  vote  of  the  people,  by  making  a 
cross  in  the  square  at  the  right  of-  the  answer  which  he 
intends  to  give. 

SECTION  293.    A  voter  may  vote  for  an  entire  group  of  ^figenf?fai 
candidates  for  presidential  electors  by  making  a  cross  [  X  ]  |jgf°Jj5  « 261 
in  the  square  at  the  right  of  the  party  or  political  designation 
immediately  above  such  group.     If  a  voter  does  not  intend 
to  vote  for  any  one  candidate  in  the  group,  he  may  erase 
his  name,  and  the  cross  shall  count  as  a  vote  for  each  of  the 
other  candidates  in  such  group.     If  a  voter  desires  to  vote 
for  another  person  in  place  of  a  candidate  whose  name  he 


100 


MANNER  OF  VOTING. 


Assistance  in 

marking 

ballot. 

1907,  560,  §  26 

1912,641,§9. 


Certain  marks 
upon  ballot 
prohibited. 
1907,  560,  §  263. 


Voter  spoiling 
ballot  may 
obtain  others. 
1907,  560,  §  264. 


Voter  to  fold 
ballot,  etc. 
1907,  560,  §  265. 


Time  allowed 
in  enclosed 
space,  etc. 


ballot,  giving 
name,  etc. 
1907,  560,  §  266. 


has  erased,  he  may  insert  his  name  in  one  of  the  blank  spaces 
and  make  a  cross  in  the  square  at  the  right  thereof.  A  voter 
who  does  not  mark  for  any  group  of  candidates  may  vote  for 
candidates  for  electors,  up  to  the  number  to  be  elected,  by 
inserting  names  in  the  blank  spaces  at  the  end  of  the  groups 
of  electors  and  making  a  cross  in  the  square  at  the  right  of 
each  name  so  inserted. 

SECTION  294.  A  voter  who  declares  on  oath  to  the  pre- 
siding officer  that  he  had  the  right  to  vote  on  the  first  day 
of  May  in  the  year  eighteen  hundred  and  fifty-seven  and 
cannot  read,  or  that  from  blindness  or  other  physical  dis- 
ability he  is  unable  to  prepare  his  ballot  or  register  his  vote 
upon  a  voting  machine,  shall  be  assisted  in  such  marking  or 
registering  by  one  or  two  of  the  election  officers,  who  shall 
be  of  such  political  party,  represented  among  the  election 
officers,  as  the  voter  may  request;  and  they  shall  certify, 
on  the  outside  of  the  ballot,  when  ballots  are  used,  that  it 
was  marked  with  their  assistance,  and  shall  thereafter  give 
no  information  regarding  such  marking  or  registering. 

SECTION  295.  Except  as  authorized  by  this  act,  no  voter, 
election  officer  or  other  person  shall  place  any  mark  upon  a 
ballot  by  which  it  may  be  identified;  nor  shall  any  person 
place  a  mark  against  any  name  upon  a  ballot  not  cast  by 
himself. 

SECTION  296.  If  a  voter  spoils  a  ballot,  he  may  obtain 
two  others,  one  at  a  time,  upon  returning  each  spoiled  one, 
and  all  ballots  so  returned  shall  immediately  be  marked 
by  an  election  officer  "Spoiled." 

SECTION  297.  Before  leaving  the  marking  compart- 
ment the  voter  shall  fold  his  ballot,  without  displaying  the 
marks  thereon,  as  it  was  folded  when  received  by  him, 
and  he  shall  keep  it  so  folded  until  he  has  voted.  A  voter 
shall  mark  and  deposit  his  ballot  without  undue  delay, 
and  shall  leave  the  space  enclosed  by  the  guard  rail  as  soon 
as  he  has  voted.  No  voter  shall  occupy  a  marking  com- 
partment occupied  by  another,  nor  remain  within  the  guard 
rail  more  than  ten  minutes,  nor  occupy  a  voting  compart- 
ment more  than  five  minutes,  if  all  the  marking  compart- 
ments are  in  use  and  other  voters  are  waiting  to  occupy  the 
same. 

SECTION  298.  A  voter  after  marking  his  ballot  shall 
give  his  name  and,  if  requested,  his  residence,  to  one  of 
the  officers  in  charge  of  the  ballot  box,  who  shall  distinctly 
announce  the  same.  If  the  name  is  found  upon  the  voting 


COUNTING  OF  VOTES.  101 

list  by  the  election  officer,  he  shall  distinctly  repeat  the 
name,  and  in  Boston  the  height,  and  check  the  name  upon 
the  voting  list;  and  the  voter  may  then  deposit  his  ballot 
in  the  ballot  box  with  the  official  indorsement  uppermost 
and  in  sight.  No  ballot  without  the  official  indorsement,  NO  ballot 

.  ,     ,    .  .  Till  •        without  official 

except  as  provided  in  section  two  hundred  and  seventy-six,  indorsement 
shall  be  deposited  in  the  ballot  box.     No  person  shall  vote  etc. e  c 
if  his  name  is  not  on  the  voting  list,  nor  until  the  election 
officer  shall   check  his  name  thereon,   unless  he  presents  etc- 
a  certificate  from  the  registrars  of  voters  as  provided  by  sec- 
tion sixty-four. 

SECTION  299.    No  person  shall  remove  any  ballot  from  Ballots  not  to 
the  space  enclosed  by  the  guard  rail  before  the  polls  are  from  enclosed 
closed.     No  voter  whose  name  has  been  checked  on  the  i907,e56o°§  267. 
voting  list  in  charge  of  the  ballot  clerk,  other  than  an  elec- 
tion officer  or  supervisor,  shall  again  enter  such  enclosed 
space  during  the  election. 

SECTION  300.     If  in  any  state,  city  or  town  election  at  ^TvoSffs 
which  official  ballots  are  used  the  right  of  a  person  offering  J^a7lle5n^ec|-  268 
to  vote  is  challenged  for  any  legal  cause,  the  presiding 
officer  shall  administer  to  him  the  following  oath: 

You  do  solemnly  swear  [or  affirm]  that  you  are  the  identical 
person  whom  you  represent  yourself  to  be,  that  you  are  registered 
in  this  precinct  [or  town]  and  that  you  have  not  voted  at  this 
election. 

He  shall  also  be  required  to  write  his  name  and  residence 
on  the  outside  of  the  ballot  offered,  and  the  presiding  officer 
shall  add  thereto  the  name  of  the  person  challenging,  and 
the  cause  assigned  therefor,  whereupon  such  ballot  shall 
be  received;  and  no  person  shall  make  any  statement  or 
give  any  information  in  regard  thereto,  except  as  required 
by  law.  The  clerk  shall  record  the  name  and  residence 
of  every  person  who  has  been  challenged  and  has  voted. 

Counting  of  Votes. 

SECTION  301.    The  blank  forms  and  apparatus  provided  f^p^atus 
by  the  secretary  of  the  commonwealth  shall  be  used  in  ^cbe  used- 
ascertaining  the  result  of  the  election  or  vote  in  state  elec-  iw?,  seo,  §  259. 
tions  in  cities  and  towns,  in  city  elections,  in  elections  of 
town  officers  in  towns  in  which  official  ballots  are  used, 
and  also  in  taking  the  vote  upon  any  proposed  amendment 
to  the  constitution,  upon  the  question  of  granting  licenses 
for  the  sale  of  intoxicating  liquors,  and  upon  any  other 


102 


COUNTING  OF  VOTES. 


Proceedings 
when  impossi- 
ble to  use. 


Proceedings 

at  close  of 

polls. 

1907,  560,  §  270. 


Canvass  of 
ballots,  etc. 


At  state  elec- 
tions in  towns 
not  divided 
into  voting 
precincts. 


Announcement 
of  result,  etc. 


Ballots,  pro- 
ceedings, etc., 
to  be  kept  in 
open  view,  etc. 


question  submitted  by  statute  to  the  voters  of  the  common- 
wealth, or  of  any  city  or  town  in  which  official  ballots  are 
used.  If  it  is  impossible  to  use  such  blank  forms  or  apparatus, 
the  canvass  of  the  votes  shall  be  made  as  the  presiding 
officer  shall  direct;  and  the  clerk  shall  record  the  facts 
relating  to  the  failure  to  use  such  blank  forms  or  apparatus, 
and  shall  enclose  an  attested  copy  of  such  record  in  the 
envelope  with  the  ballots  cast. 

SECTION  302.  If  the  state  ballot  box  is  used,  the  clerk 
shall,  as  soon  as  the  polls  are  closed,  record  the  ballot  box 
register.  The  election  officers  shall  then,  publicly  and  in 
the  presence  of  the  other  election  officers,  count  audibly 
and  distinctly  the  number  of  names  checked  on  each  list 
and  announce  the  same.  The  ballot  box  shall  then  be 
opened  by  the  presiding  officer  and  the  ballots  taken  there- 
from and  audibly  counted,  one  by  one,  and  the  whole  number 
of  ballots  cast  shall  be  publicly  announced  by  him.  The 
ballots  may  be  divided  into  convenient  packages,  and, 
except  as  hereinafter  provided,  each  block  or  package  shall 
be  canvassed  and  counted  by  two  election  officers  represent- 
ing the  two  leading  political  parties,  detailed  by  the  presiding 
officer.  Each  election  officer,  in  so  canvassing  and  counting 
votes,  shall  be  under  the  inspection  of  an  election  officer 
of  a  different  political  party.  The  result  of  the  canvass 
and  count  shall  be  reported  to  the  presiding  officer,  who  shall 
cause  it  to  be  correctly  recorded  on  the  blank  forms  pro- 
vided for  the  purpose.  At  state  elections  in  towns  not 
divided  into  voting  precincts,  the  canvass  and  count  of 
votes  shall  be  made  by  the  selectmen  and  town  clerk,  who 
may  be  assisted  by  the  tellers. 

The  clerk  in  open  meeting  shall  publicly  announce  the 
result  of  the  vote  and  enter  in  his  records,  in  words  at  length, 
the  total  number  of  names  of  male  and  female  voters  checked 
on  the  voting  lists,  the  total  number  of  ballots  cast,  the  names 
of  all  persons  voted  for,  the  number  of  votes  for  each  person 
and  the  title  of  the  office  for  which  he  was  a  candidate,  the 
number  of  blank  ballots  for  each  office,  and  the  number 
of  affirmative  and  negative  votes  in  answer  to  any  question 
submitted  to  the  voters,  and  shall  forthwith  make  a  copy 
of  such  record,  certify  and  seal  up  the  same,  and  deliver 
it  to  the  city  or  town  clerk,  in  Boston  to  the  election  com- 
missioners, who  shall  forthwith  enter  it  in  his  or  their  records. 

The  voting  lists  and  all  ballots  removed  from  the  ballot 
box  shall  be  kept  in  open  view  of  the  voters  present  until 


COUNTING  OF  VOTES.  103 

enclosed  and  sealed  up,  and  all  proceedings  in  the  canvass 
and  counting  of  votes  shall  be  public  and  in  open  view  of 
the  voters,  and  there  shall  be  no  adjournment  or  postpone- 
ment until  the  canvass  and  counting  have  been  completed, 
and  the  voting  lists  and  ballots  have  been  enclosed  and 
sealed  up. 

In  towns,  the  ballot  box  at  any  polling  place  may  be  R^ovanrf 
opened  and  ballots  taken  therefrom  for  counting  when  all  biiiotb<Sm 
the  selectmen  and  the  town  clerk,  or  both  the  moderator  h^cea^d,118 
and  the  town  clerk,  as  the  case  may  be,  or  all  the  election  «"»**• etc- 
officers  at  the  voting  precinct  shall  so  order.    When  the 
ballots  have  been  thus  removed  the  presiding  officer  shall 
select  from  the  election  officers  an  equal  number  from  each 
of  the  two  leading  political  parties,  who  shall  canvass  such 
ballots,  in  accordance  with  the  provisions  of  this  section; 
but  no  announcement  of  the  result  of  such  canvass  shall 
be  made  by  any  election  officer  until  the  total  result  of  the  made>  etc- 
canvass  of  ballots  has  been  ascertained. 

SECTION  303.  If  the  use  of  a  state  ballot  box  is  required, 
no  ballot  shall  be  counted  unless  it  has  been  deposited  in  J5Jo7n1f JQ,  §  2?i. 
and  cancelled  by  such  ballot  box,  or  has  been  otherwise 
deposited  according  to  the  provisions  of  section  two  hun- 
dred and  eighty-one;  and  no  ballot  shall  be  counted  in  any 
election  for  which  official  ballots  are  provided  except  such 
ballots.  If  a  voter  marks  more  names  than  there  are  per- 
sons to  be  elected  to  an  office,  or  if  his  choice  cannot  be 
determined,  his  ballot  shall  not  be  counted  for  such  office. 
Ballots  cast  but  not  counted  shall  be  marked  "defective"  Defective 
on  the  outside  thereof,  and  shall  be  preserved  like  other 
ballots. 

SECTION  304.    The  presiding  officer  at  every  polling  place  ^ag°^^J 
at  elections  of  state  and  city  officers  and  of  town  officers  in  up,  indorsed, 
towns  in  which  official  ballots  are  used  shall,  after  the  record  1907, 560,  §  272. 
of  the  counting  has  been  made,  cause  all  ballots  cast  to  be 
publicly  enclosed  in  an  envelope  and  sealed  up  with  the  seal 
provided  for  the  purpose,  and  also  with  the  private  seal  of 
any  election  officer  who  may  desire  to  affix  the  same;  and  a 
majority  of  the  election  officers  of  the  voting  precinct  or 
town  shall  indorse  upon  such  envelope  the  polling  place,  the 
election  and  the  date,  and  also  a  certificate  that  all  the  bal- 
lots cast  by  the  voters  of  such  precinct  or  town,  and  none 
other,  are  contained  therein.     He  shall  cause  all  ballots  not  ^aas1tlot^bneot 
cast  to  be  enclosed  in  an  envelope  and  sealed  up  as  afore- 
said,  and  shall  certify  on  the  envelope  the  contents  thereof. 


104 


RECORDS  AND  CERTIFICATES  OF  ELECTION. 


Voting  lists  to 
be  sealed  up 
and  certified. 


Ballots,  voting 
lists,  etc.,  to 
be  delivered  to 
city  or  town 
clerk  or  elec- 
tion commis- 
sioners. 


Copies  of  vot- 
ing lists  as 
checked  may 
be  furnished. 
1907,  560,  §  273. 


Voting  lists 
to  be  again 
sealed  and  cer- 
tified. 


Ballots  cast, 
custody,  de- 
struction, etc. 
1907,  560,  §  274. 


Voting  lists 
and  ballots 
not  cast,  cus- 
tody, disposi- 
tion, etc. 


Such  presiding  officer  shall  cause  the  voting  lists  to  be  en- 
closed in  an  envelope  and  sealed  up  as  aforesaid,  and  a 
majority  of  the  election  officers  shall  certify  thereon  to  the 
identity  of  the  voting  lists  enclosed.  He  shall  forthwith  per- 
sonally deliver  to  the  city  or  town  clerk,  or  in  Boston  to  the 
election  commissioners,  or  transmit  to  him  or  them,  by  the 
police  officer  or  constable  in  attendance  at  the  election,  all 
the  ballots  cast,  and  not  cast,  the  voting  lists,  the  ballot 
box,  ballot  box  seals  and  counting  apparatus. 

SECTION  305.  Upon  written  application,  signed  by  at 
least  ten  voters  in  the  town  or  ward  of  which  the  precinct 
forms  a  part,  the  city  or  town  clerk,  and  in  Boston  the  elec- 
tion commissioners,  may  open  the  envelope  containing  such 
voting  list  and  may  make  a  copy  of  the  list  as  checked.  In 
Boston,  such  copies  shall  contain  only  the  name  and  resi- 
dence of  the  voter.  After  any  such  voting  list  has  been  so 
copied,  said  clerk  or  election  commissioners  shall  at  once 
enclose  the  list  in  an  envelope  and  seal  up  the  same  and 
certify  thereon  to  the  identity  of  such  lists. 

SECTION  306.  City  and  town  clerks,  in  Boston  the  elec- 
tion commissioners,  shall  retain  in  their  custody  the  envelope 
containing  the  ballots  cast,  without  examining  them  or  per- 
mitting them  to  be  examined  by  any  person  except  as  re- 
quired by  law,  and  upon  the  expiration  of  the  period  fixed 
for  their  preservation  shall  cause  such  ballots  to  be  destroyed. 

City  and  town  clerks,  in  Boston  the  election  commission- 
ers, shall  retain  in  their  custody  the  voting  lists  and  ballots 
not  cast  as  long  as  they  retain  the  ballots  cast.  They  shall 
then  transmit  such  voting  lists  to  the  registrars  of  voters  for 
future  reference,  and  shall  destroy  the  ballots  marked 
"Spoiled",  without  examining  them  or  permitting  them  to 
be  examined,  and  may  make  such  disposition  of  the  undis- 
tributed ballots  as  they  may  deem  proper. 


Record  not  to 
be  rejected 
when  number 
of  votes  can 
be  ascertained. 
1907,  560,  §  275. 

Examination 
of  precinct 
records,  cor- 
rection, etc. 
1907,  560,  §  276. 


Records  and  Certificates  of  Election. 

SECTION  307.  No  record  of  votes  cast  or  copy  thereof 
shall  be  rejected  if  the  number  of  votes  given  for  each  candi- 
date for  an  office  can  be  ascertained  therefrom. 

SECTION  308.  The  aldermen  and  city  clerk,  in  Boston 
the  election  commissioners,  and  the  selectmen  and  town 
clerk  in  towns  divided  into  voting  precincts,  shall  forthwith 
after  a  state  or  city  election  examine  the  copies  of  the  records 
of  the  election  officers,  and  if  any  error  appears  therein,  they 


RECORDS  AND  CERTIFICATES  OF  ELECTION.  105 

shall  forthwith  give  notice  thereof  to  the  officers  by  whom 
the  error  was  made,  who  shall  forthwith  make  an  additional 
record  under  oath  in  conformity  with  the  facts  and  deliver 
a  copy  thereof  to  the  city  or  town  clerk  or  election  commis- 
sioners. Such  copy  of  the  records  made,  with  or  without 
notice  as  aforesaid,  shall  be  received  by  the  city  or  town 
clerks  or  election  commissioners  at  any  time  before  the  last 
day  fixed  for  the  transmission  of  copies  of  records  of  the 
votes  cast  in  the  city  or  town,  or  on  which  the  results  of  the 
election  are  required  to  be  declared. 

The  aldermen  and  city  clerk,  the  election  commissioners,  Examination 
and  the  selectmen  and  town  clerk,  shall  examine  all  original  cWttfaation  of 
and  all  additional  copies  of  the  records  and  make  them  part  copies>  etc- 
of  the  records  of  such  election,  and  shall  certify  and  attest 
copies  of  the  records  of  votes  for  the  several  candidates. 

SECTION  309.    The  clerk  of  each  city  and  town,  within  Returns  of 
ten  days,  and  in  Boston  the  election  commissioners,  within  twy  of 
fifteen  days,  after  the  day  of  any  election  therein  for  a  wealth00" 
senator  in  congress,  representative  in  congress,  governor,  J^  5^; 5  277- 
lieutenant    governor,    councillor,    secretary,    treasurer    and 
receiver  general,  auditor  of  the  commonwealth,  attorney- 
general,  clerk  of  courts,  register  of  probate  and  insolvency, 
sheriff,    district   attorney,    or   senator,    or   for   presidential 
electors,  shall  transmit  to  the  secretary  of  the  common- 
wealth copies  of  the  records  of  votes  for  such  officers,  cer- 
tified by  the  aldermen  or  the  selectmen,  or  by  the  election 
commissioners,  and  attested  and  sealed  by  the  clerk  or  by 
said  commissioners.     The  city  or  town  clerk  shall,  within  Returns  of 
ten  days  after  an  election  for  county  treasurer  or  register  commissioner^ y 
of  deeds,  transmit  to  the  county  commissioners,  and  within 
ten  days  after  an  election  therein  for  county  commissioners 
or  associate  commissioners,  transmit  to  the  clerk  of  the 
courts  the  records  of  votes  for  such  officers,  certified,  at- 
tested and   sealed  as  aforesaid;    except  that  in  Chelsea, 
Revere  and  Winthrop  the  records  of  votes  for  register  of  county. 
deeds  shall  be  transmitted  to  the  election  commissioners  of 
Boston,  and  that  in  Revere  and  Winthrop  the  records  of 
votes  for  county  commissioner  and  associate  commissioners 
shall  be  transmitted  to  the  clerk  of  the  courts  for  the  county  etc. 
of  Middlesex.     Such  copies  shall  be  transmitted  in  envelopes,  TO  be 
upon  which  shall  be  stated  the  offices  for  which  and  the  dis-  nmiopes 
tricts  in  which  the  votes  were  cast.  d™sed.y 

SECTION  310.     If  any  such  copy  transmitted  to  the  secre-  Proceedings 
tary  of  the  commonwealth  is  not  sealed  as  required  by  law,  w 


106 


RECORDS  AND  CERTIFICATES  OF  ELECTION. 


is  received 
unsealed. 
1907,  560,  §  278. 


Memorandum 
of  receipt  to 
be  made. 
1907,  560,  §  279. 


Examination 

of  returns  of 

votes. 

1907,  560,  §  280. 


Abstract  for 
newspapers. 


Certification  of 
examination. 

1907,  560,  §  281. 

1908,  597,  §  1. 


Summons  to 
be  issued. 

Certificates 
of  election  to 
be  issued. 


Returns*  etc., 
to  be  deliv- 
ered to  secre- 
tary of  the 
common- 
wealth. 

1907,  560,  §  282. 
To  be  laid 
before  legis- 
lature. 

To  be  filed  in 
office  of 
tary. 


Presidential 
electors,  exam- 
ination of 


he  shall  forthwith  give  notice  thereof  to  the  officers  who 
transmitted  the  same;  and  thereupon  another  copy  shall  be 
made,  attested,  certified,  sealed  and  transmitted  to  the 
secretary.  If  the  second  copy  is  received  by  him  before 
determination  of  the  persons  appearing  to  be  elected  and 
the  original  appears  to  be  in  substantial  conformity  there- 
with, the  original  copy  shall  not  be  rejected. 

SECTION  311.  The  secretary  of  the  commonwealth  shall 
cause  the  date  of  the  receipt  of  each  copy  of  the  records  of 
votes  to  be  indorsed  on  the  envelope  containing  it;  and  if 
received  unsealed,  a  memorandum  thereof  shall  be  made  on 
the  copy. 

SECTION  312.  The  secretary  of  the  commonwealth  shall 
lay  before  the  governor  and  council  the  copies  of  the  records 
of  votes  cast  with  their  seals  unbroken.  The  governor  with 
at  least  five  councillors  shall,  as  soon  as  may  be,  open  and 
examine  all  such  copies  and  determine  who  are  elected  to 
the  several  offices.  -  Upon  such  determination,  the  secretary, 
upon  application,  shall  furnish  to  newspapers  an  abstract 
of  the  records  of  the  votes  examined. 

SECTION  313.  The  governor  shall,  in  the  presence  of  at 
least  five  councillors,  certify  to  the  results  of  the  examination 
of  the  copies  of  the  records  of  the  votes  for  governor  and 
lieutenant  governor,  for  councillors,  for  secretary,  treasurer 
and  receiver  general,  auditor  of  the  commonwealth,  and 
attorney-general,  and  for  senators  and  shall  issue  his  sum- 
mons to  such  persons  as  appear  to  be  chosen  to  said  offices. 
The  governor  shall  issue  certificates  of  election  to  such  per- 
sons as  appear  to  be  chosen  to  the  offices  of  senator  in  con- 
gress, representative  in  congress,  clerk  of  the  courts,  register  of 
probate  and  insolvency,  sheriff  and  district  attorney,  which 
shall  be  countersigned  and  transmitted  by  the  secretary. 

SECTION  314.  After  such  certification,  such  copies  shall 
be  replaced  in  their  respective  envelopes  and  delivered  with 
the  certificate  of  examination  to  the  secretary,  who  shall  on 
the  first  Wednesday  in  January  lay  the  same,  with  schedules 
showing  the  number  of  ballots  cast  for  each  person  voted  for, 
before  the  senate  and  house  of  representatives. 

Except  for  the  above  purposes,  all  such  copies,  both  origi- 
nal and  corrected,  transmitted  to  the  secretary,  shall  remain 
on  file  in  his  office  and  be  there  open  to  the  inspection  of  any 
interested  person. 

SECTION  315.  The  copies  of  the  records  of  votes  for 
presidential  electors  shall,  in  any  event,  within  ten  days  after 


RECORDS  AND  CERTIFICATES  OF  ELECTION.  107 

they  have  been  transmitted  to  the  secretary  of  the  common-  returns  of 
wealth  be  opened  and  examined  by  the  governor  and  council,  tflff,  MO,  §  233. 
who  shall  thereafter  declare,  by  proclamation  printed  in  at  Proclamation, 
least  one  newspaper  in  each  county,  the  names  of  the  persons 
who  have  received  at  least  one  fifth  of  the  entire  number 
of  votes  cast  for  electors,  and  the  number  of  votes  received 
by  each  such  person.     The  several  persons,  to  the  number  Certificates  of 
of  electors  required  to  be  chosen,  who  have  received  the  faSSS^Seaa 
highest  number  of  votes  so  ascertained,  unless  notice  of  a  contested- 
contest  has  been  received  by  the  governor,  shall,  at  the 
expiration  of  fourteen  days  from  the  date  of  such  proclama- 
tion, be  deemed  to  be  elected;  and  the  governor  shall  there- 
upon issue  a  certificate  of  election  to  every  such  person. 

SECTION  316.  Any  person  who  appears,  by  the  procla-  Certain  per- 
mation  of  the  governor,  to  have  received  not  less  than  one  S 
fifth  of  the  entire  number  of  votes  cast  for  electors,  may, 
if  the  election  is  contested,  apply  by  petition  to  the  supreme  1907f  560>  * 284> 
judicial  court  for  the  county  of  Suffolk,  for  a  declaration 
of  his  election  as  an  elector.  Such  petition  shall  set  forth 
the  name  of  every  person  whose  election  is  contested  and 
the  ground  for  the  contest  shall  be  filed  within  seven  days 
after  the  date  of  such  proclamation  and  shall  not  thereafter 
be  amended.  Before  any  proceedings  thereon,  the  petitioner 
shall  recognize  to  the  commonwealth,  in  such  sum  and  with 
such  sureties  as  the  court  shall  order,  to  pay  all  costs  in- 
curred in  the  prosecution  of  his  petition  if  he  shall  not  prevail. 
If  the  petitioner  prevails,  the  cost  shall  be  paid  by  the  com- 
monwealth. The  court  shall  fix  a  day  for  a  hearing  by  the  Day  to  be  fixed 
full  court,  which  shall  be  not  less  than  three  or  more  than 
seven  days  after  the  date  of  the  filing  of  the  petition,  and  shall 
order  notice  of  the  hearing  to  be  given,  with  a  statement  of 
the  substance  of  the  petition  in  such  manner  as  it  may  direct, 
to  the  governor  and  to  every  person  whose  election  is  con- 
tested. The  court  shall  also  order  such  notice  to  be  pub- 
lished in  at  least  one  newspaper  designated  by  it  in  each 
county. 

SECTION  317.    The  petitioner  and  the  contestant  may  Petitioner  and 

di  $  j  ,ii«  i  contestant 

produce  evidence  at  the  hearing,  and  no  person  may  appear 

other  than  the  petitioner  or  a  contestant  shall  be  made  a  JJktSw!1***. 
party  to  the  proceedings  on  such  petition,  or  be  heard  thereon.  1907f  560>  * 285- 
If  more  than' one  petition  is  pending,  or  the  election  of  more 
than  one  person  is  contested,  the  court  may,  in  its  discretion, 
order  the  cases  to  be  heard  together  and  shall  apportion  the 
costs  between  them,  and  shall  finally  determine  all  questions 


108 


RECORDS  AND  CERTIFICATES  OF  ELECTION. 


Witnesses  not 
to  be  excused. 


Not  liable  to 

prosecution, 

etc. 


Court  to  cer- 
tify its  decision 
to  governor, 
etc. 


County  com- 
missioners to 
examine  cer- 
tain returns 
of  votes,  etc. 
1907,  560,  §  286. 

Notice  to 
secretary  of 
the  common- 
wealth. 


Returns  of 
votes  for  regis- 
ter of  deeds, 
Suffolk  county. 


Board  of  exam- 
iners to  exam- 
ine in  certain 
counties,  etc. 
1907,  560,  §  287. 


Notice  to  secre- 
tary of  the 
commonwealth, 
etc. 


of  law  and  fact.  No  person  shall  be  excused  from  testifying 
or  producing  papers  or  documents  therein  on  the  ground 
that  his  testimony  or  the  production  of  the  papers  or  docu- 
ments will  tend  to  criminate  him;  but  no  person  so  testifying 
shall  be  liable  to  any  suit  or  prosecution,  civil  or  criminal, 
for  any  matter  or  cause  in  respect  to  which  he  shall  be  so 
examined  or  to  which  his  testimony  shall  relate,  except  to 
a  prosecution  for  perjury  committed  in  such  testimony. 
The  court  shall  forthwith  certify  its  decision  to  the  governor, 
who  shall  thereupon  issue  certificates  of  election  in  accordance 
therewith.  If  the  petitioner  does  not  prosecute  his  petition 
it  shall  be  dismissed  and  notice  thereof  given  to  the  governor, 
who  shall  issue  certificates  of  election  to  the  persons  entitled 
thereto. 

SECTION  318.  The  county  commissioners  to  whom  the 
copies  of  the  records  of  votes  for  county  treasurer  and  regis- 
ter of  deeds  have  been  transmitted  shall,  on  the  first  Wednes- 
day of  the  month  following  the  election,  examine  such  copies, 
determine  what  persons  appear  to  be  elected,  issue  certifi- 
cates of  election  to  them  and  give  notice  to  the  secretary  of 
the  commonwealth  of  the  name,  residence  and  term  of  office 
of  every  person  elected. 

In  the  county  of  Suffolk,  the  election  commissioners  of 
Boston  shall,  within  ten  days  after  the  election  of  register 
of  deeds,  in  like  manner  examine  the  copies  of  the  records 
of  votes,  determine  who  appears  to  be  elected,  issue  a  cer- 
tificate and  give  notice  as  above  provided. 

SECTION  319.  In  each  county  except  Suffolk  and  Nan- 
tucket,  the  judge  and  register  of  the  probate  court  and  the 
clerk  of  the  courts  shall  be  a  board  of  examiners;  and  if  two 
of  said  offices  are  held  by  the  same  person  in  any  county, 
the  sheriff  shall  be  a  member  of  the  board.  The  members 
of  said  board  shall  each  be  paid  at  the  rate  of  three  dollars 
a  day  for  every  day  employed  in  the  performance  of  their 
duties  and  ten  cents  a  mile  for  travel  to  and  from  the  place 
of  their  meeting;  and  their  accounts  shall  be  audited  and 
settled  by  the  county  treasurer.  Said  board  shall  meet  on 
the  first  Wednesday  of  the  month  following  an  election  for 
county  commissioner  or  associate  commissioners  and  shall 
examine  such  copies,  determine  what  persons  appear  to  be 
elected,  issue  certificates  of  election  to  them  and  give  notice 
to  the  secretary  of  the  commonwealth  of  the  name,  resi- 
dence and  term  of  office  of  every  person  so  elected,  and 
shall,  within  three  days  thereafter  deposit  said  copies  in  the 
office  of  the  clerk  of  the  courts. 


RECORDS  AND  CERTIFICATES  OF  ELECTION.  109 


SECTION  320.     If  it  shall  appear  to  the  governor  and 
council,  to  the  board  of  examiners,  to  the  election  commis-  new  returns 

,  ,  .      .  to  be  made, 

sioners  or  to  the  county  commissioners,  that  any  such  copy  etc. 

is  incomplete  or  erroneous,  they  may  order  a  new  copy  of  19°7'  560>  §  288' 

the  records  to  be  made  and  transmitted  to  them.     Such  new 

copy  shall  be  transmitted  by  the  city  or  town  clerk,  in  Bos- 

ton by  the  election  commissioners,  within  seven  days  there- 

after, and  if  found  to  be  correct  and  in  conformity  to  the 

requirements  of  law,  shall  have  the  same  force  as  a  first 

copy. 

SECTION  321.     If   a  district   for   the   election   of   repre-  Representative 
sentatives  in  the  general  court  is  composed  of  one  city  StyT/town, 
or  town,  or  one  or  more  wards  of  a  city,  the  board  of  alder-  S^  record!*" 
men  or  the  selectmen,  in  Boston  the  election  commissioners,  1907»  560t  §  m 
shall  forthwith  examine  the  records  of  the  votes  and  determine 
who  appear  to  be  elected.     The  city  or  town  clerk  or  election 
commissioners  shall  record  the   names  of  all  persons  for 
whom  votes  for  representative  were  cast,  and  the  number 
of  votes  for  each. 

SECTION  322.     In  other  representative  districts,  the  elec-  in  other  dig- 
tion  officers  in  every  voting  precinct,  and  the  selectmen 
and  town  clerk  of  each  town  therein  not  divided  into  voting 
precincts,   shall,   as  soon   as   the  vote  for  representatives  5^'560|  §  2oo 
has  been  recorded,  cause  a  complete  copy  of  such  record 
to  be  made,  and  shall  certify,  seal  and  deliver  it  to  the  city 
or  town  clerk. 

The  city  and  town  clerks  in  such  districts  shall  meet  at  cierkatomeet 

•         .  f   ..  and  determine 

the  place  designated  at  noon  on  the  tenth  day  following  election,  etc. 

the  day  of  the  election;  but  on  the  fourth  day  following 

the  day  of  an  election  to  fill  a  vacancy.     They  shall  examine 

the  copies  of  the  records  of  votes  of  every  such  voting  pre- 

cinct and  town,  and  determine  who  appear  to  be  elected  to 

the  office  of  representative.     They  shall,  in  words  at  length, 

make  and  certify  a  schedule  of  the  names  of  all  persons 

for  whom  votes  for  representative  were  cast  in  the  district 

and  the  number  of  votes  for  each,  and  the  clerk  of  each  city 

and  town  shall  record  such  schedule  within  four  days  after 

the  day  of  the  meeting. 

SECTION  323.     If    a   representative   district   is   included 
within  the  provisions  of  the  preceding  section,  the  officers  i 
authorized  to  divide  the  county  into  representative  districts 
shall,  in  making  such  division,  designate  a  place  in  each 
such  district  or  adjacent  thereto  at  which  the  clerks  shall 
meet  to  determine  the  result  of  the  election.     Such  place  piacemaybe 
of  meeting  may  be  changed  on  petition  of  two  of  such  clerks  ° 


110 


RECORDS  AND  CERTIFICATES  OF  ELECTION. 


Notice  to  be 
given. 


Correction  of 
errors  in  rec- 
ords of  votes 
for  represen- 
tatives. 
1907,  560,  §  292. 


Certificates  of 
election  to  be 
made  in  dupli- 
cate. 
1907,  560,  §  293. 


Transmission. 


Form  of 
certificate. 


Officer  trans- 
mitting to 
make  return, 
etc. 


Returns  of 
votes  to  secre- 
tary of  the 
common- 
wealth. 
1907,  560,  §  294. 


after  a  hearing;  but  not  oftener  than  once  in  two  years. 
Notice  of  such  designation  and  of  every  change  thereof 
shall  be  given  by  the  said  officers  having  such  authority 
to  the  secretary  of  the  commonwealth,  and  to  every  city 
and  town  clerk  in  the  district. 

.  SECTION  324.  If  an  error  appears  in  the  copies  of  the 
records  of  votes  for  a  representative,  the  city  and  town 
clerks  shall  forthwith  give  notice  thereof  to  the  election 
officers,  who  shall  thereupon  make  an  additional  record 
under  oath  and  transmit  a  copy  thereof  to  said  clerks. 
Such  additional  copy  shall  be  examined  by  them  if  received 
within  two  days  from  the  time  appointed  for  their  meeting; 
and  for  such  purpose  their  meeting  may  be  adjourned  for 
not  more  than  two  days. 

SECTION  325.  The  board  of  aldermen,  the  election  com- 
missioners, the  selectmen,  or  the  city  or  town  clerks  acting 
in  a  representative  district  shall  make  duplicate  certificates 
of  election  of  the  persons  appearing  to  be  elected  and  shall, 
within  fifteen  days  after  the  day  of  the  election,  or  within 
ten  days  after  the  day  of  an  election  to  fill  a  vacancy,  transmit 
one  certificate  to  the  secretary  of  the  commonwealth,  and 
shall  transmit  the  other  certificate,  by  a  constable  or  other 
officer,  to  the  person  elected.  Such  certificates  of  election 
shall  be  in  the  following  form :  — 

Commonwealth  of  Massachusetts,  county  of  .  At 

a  meeting  of  the  qualified  voters  of  Representative  District  Number 
,  held  on  the  day  of  November  instant,  for 

the  choice  of  Representatives  in  the  General  Court  to  be  holden  on 
the  first  Wednesday  of  January  next,  were  elected 

to  said  office. 

Dated  at  the  day  of  in  the  year 

one  thousand  nine  hundred  and 

Sections  one  to  four,  inclusive,  of  chapter  three,  Revised 
Laws,  this  section  and  section  three  hundred  and  thirty- 
eight  of  this  act  shall  be  printed  on  every  such  form. 
The  officer  transmitting  the  certificate  shall  make  a  return 
of  his  doings. 

SECTION  326.  City  and  town  clerks,  in  Boston  the  elec- 
tion commissioners,  shall,  within  fifteen  days  after  an  election 
for  representative  in  the  general  court,  transmit  to  the 
secretary  of  the  commonwealth  an  attested  copy  of  the 
record  of  votes  cast  for  all  candidates  for  said  office  in  each 
voting  precinct  and  in  each  town  not  divided  into  voting 
precincts. 


RECOUNTS  OF  VOTES.  Ill 

SECTION  327.    The    whole    number    of    ballots    cast    at  whole  number 

,    .  .    ,          .  ,      .        ,  ,  i      of  ballots  to 

elections  shall  be  stated  in  words  at  length  in  the  records  be  stated  in 


of  votes  and  in  all  copies  thereof,  but  if  not  so  stated,  the 

record  or  copy  shall  not  be  invalid  if  the  true  result  can  be  1907f  560>  §  295' 

ascertained  therefrom. 

SECTION  328.  A  violation  by  a  public  officer  or  election  violation  of 
officer  of  laws  relative  to  providing  ballot  boxes,  blank 
forms  and  other  apparatus  or  to  the  care  and  preservation 
thereof,  or  to  the  manner  of  canvassing  and  counting  votes, 
shall  not  invalidate  any  record  or  copy  of  a  record  or  certifi- 
cate made  by  a  city,  precinct  or  town  clerk,  or  in  Boston 
the  election  commissioners,  or  affect  the  title  of  a  person 
declared  to  be  elected  to  office. 

SECTION  329.    The  city  or  town  clerk,  in  Boston  the  Number  of 
election  commissioners,  shall,  within  fifteen  days  after  an  to  be  certified 


election  of  state,  city  or  town  officers,  certify  to  the  secretary 
of  the  commonwealth  the  total  number  of  names  of  male  J^seo,  §  297. 
and  of  female  voters  checked  on  the  voting  list  at  such 
election  in  each  voting  precinct  or  town. 

SECTION  330.  The  secretary  of  the  commonwealth  shall, 
before  the  first  day  of  February,  report  to  the  general  court 
the  number  of  assessed  polls,  the  number  of  registered  male  [$7er|'6§tc§-  298 
and  female  voters  at  the  date  of  the  preceding  annual  state  1913!  m. 
election  and  city  or  town  election,  and  the  total  number 
of  persons,  male  and  female,  who  voted  at  each  such  election 
in  every  city  and  town,  and  in  every  voting  precinct  therein, 
and  the  number  of  votes  received  by  each  candidate  for 
nomination  and  for  election  for  a  state  office,  and  for  elec- 
tion for  a  state  committee,  arranged  by  cities,  towns  and 
districts,  and  a  concise  statement  of  other  matters  relating 
to  elections,  with  such  suggestions  as  he  may  deem  advisable. 

Recounts  of  Votes. 

SECTION  331.     If  a  person  who  has  received  votes  for  Contested 
any  office  at  an  election  shall,  within  thirty  days  thereafter,  baTiotTto  be 


himself  or  by  his  agent  serve  upon  a  city  or  town  clerk,  igoTeo,  §  299. 
in  Boston  the  election  commissioners,  a  written  claim  to 
such  office  or  a  declaration  of  an  intention  to  contest  the 
election  of  any  other  person,  the  clerk  or  commissioners 
shall  retain  the  envelopes  containing  the  ballots  for  such 
office  until  such  claim  is  withdrawn  or  the  contest  is  deter- 
mined. The  envelopes  and  ballots  shall  be  subject  to  the 
order  of  the  body  to  which  such  person  claims  to  be  elected, 


112 


RECOUNTS  OF  VOTES. 


Recount  of 
ballots. 


Errors  in  rec- 
ords of  election 
officers,  state- 
ment, etc. 
1907,  560,  §  300. 
1909,  440,  §  2. 


Statement,  etc., 
to  be  trans- 
mitted to 
registrars  of 
voters. 

Determination 
of  questions 
raised. 

Recount  of 
votes  in  cer- 
tain towns  to 
be  made  by 
moderator. 


Candidates  and 
persons  repre- 
senting peti- 
tioners to  be 
notified. 


Persons  who 
may  be  present 
and 
recount. 


or  of  the  officers  required  by  law  finally  to  examine  the 
records  and  to  issue  certificates  of  election  to  such  office, 
or  of  any  court  having  jurisdiction  thereof.  Such  body 
or  officers  may  require  the  clerk  or  commissioners  to  pro- 
duce such  envelopes  and  ballots,  and  may  recount  the  ballots 
and  amend  any  record  or  copy  thereof  in  relation  to  such 
office. 

SECTION  332.  If,  on  or  before  five  o'clock  on  the  third 
day  next  succeeding  the  day  of  an  election  in  a  ward  of  a 
city  or  in  a  town,  ten  or  more  voters  of  such  ward  or  town, 
except  Boston,  and  in  Boston  fifty  or  more  voters  of  a  ward, 
shall  sign  in  person,  adding  thereto  their  respective  resi- 
dences on  the  first  day  of  April  of  that  year,  and  cause  to 
be  filed  with  the  city  or  town  clerk,  or  in  Boston  with  the 
election  commissioners,  a  statement  sworn  to  by  one  of  the 
subscribers  that  they  have  reason  to  believe  and  do  believe 
that  the  records,  or  copies  of  records,  made  by  the  election 
officers  of  certain  precincts  in  such  ward  or  town,  or  in  case 
of  a  town  not  voting  by  precincts,  by  the  election  officers  of 
such  town,  are  erroneous,  specifying  wherein  they  deem  them 
to  be  in  error  and  that  they  believe  a  recount  of  the  ballots 
cast  in  such  precincts  or  town  will  affect  the  election  of  one 
or  more  candidates  voted  for  at  such  election,  specifying 
the  candidates,  or  will  affect  the  decision  of  a  question  voted 
upon  at  such  election,  specifying  the  question,  the  city  or 
town  clerk  shall  forthwith  transmit  such  statement  and  the 
envelopes  containing  the  ballots,  sealed,  to  the  registrars  of 
voters,  who  shall,  without  unnecessary  delay,  but  not  before 
the  last  hour  for  filing  requests  for  recounts,  open  the  en- 
velopes, recount  the  ballots  and  determine  the  questions 
raised;  but  upon  a  recount  of  votes  for  town  officers  in  a 
town  in  which  the  selectmen  are  members  of  the  board  of 
registrars  of  voters,  the  recount  shall  be  made  by  the  modera- 
tor, who  shall  have  all  the  powers  and  perform  all  the  duties 
conferred  or  imposed  by  this  section  upon  registrars  of  voters. 

The  registrar  of  voters,  or  in  Boston  the  election  com- 
missioners, shall,  before  proceeding  to  recount  the  ballots, 
give  notice  in  writing  to  the  several  candidates  interested  in 
such  recount  and  liable  to  be  affected  thereby,  or  to  such 
person  as  shall  be  designated  by  the  petitioners  for  a  re- 
count of  ballots  cast  upon  questions  submitted  to  the  voters, 
of  the  time  and  place  of  making  the  recount,  and  each  such 
candidate  or  person  representing  petitioners  shall  be  allowed 
to  be  present  and  witness  such  recount,  either  in  person, 


RECOUNTS  OF  VOTES.  113 

accompanied  with  counsel  if  he  so  desires,  or  by  an  agent 
appointed  by  him  in  writing.  In  the  case  of  a  recount  of 
the  ballots  cast  upon  a  question  submitted  to  the  votersj 
one  representative  from  any  committee  organized  to  favor 
or  to  oppose  the  question  so  submitted  shall  be  permitted 
to  be  present  and  witness  the  recount.  In  the  city  of  Bos-  in  Boston, 
ton,  the  chairman  of  the  city  committee  representing  the 
largest  political  party  and  the  chairman  of  the  city  com- 
mittee representing  the  second  largest  political  party  may 
in  writing  designate  two  persons,  or  such  further  number  as 
the  election  commissioners  may  allow,  to  be  present  and 
witness  the  count,  and  said  election  commissioners  shall 
allow  each  candidate  whose  election  is  in  question,  or  his 
representative,  to  be  present  and  may  allow  representatives 
of  other  political  parties  and  other  persons  to  be  present 
and  witness  the  recount. 

All  recounts  shall  be  upon  the  questions  designated  in  the  Recounts  to  be 
statements  filed,   and  no  other  count  shall  be  made,   or 
allowed  to  be  made,  or  other  information  taken,  or  allowed 
to  be  taken,  from  the  ballots  on  such  recount. 

The  registrars  of  voters  or  election  commissioners,  shall, 
when  the  recount  is  complete,  enclose  all  the  ballots  in  dorsed. efcc- 
their  proper  envelopes,  seal  each  envelope  with  a  seal  pro- 
vided for  the  purpose,  and  certify  upon  each  envelope  that 
the  same  has  been  opened  and  again  sealed  in  conformity  to 
law;  and  shall  likewise  make  and  sign  a  statement  of  their 
determination  of  the  questions  raised.    The  envelopes,  with  §JJgJJ  }£  be 
such  statement,  shall,  except  in  Boston,  be  returned  to  the  returned  to  city 
city  or  town  clerk,  and  the  clerk  or  commissioners  shall  alter  etc!°w 
and  amend  such  records  as  have  been  found  to  be  erroneous 
in  accordance  with  such  determination;  and  the  records  so 
amended  shall  stand  as  the  true  records  of  the  election. 
Such  amended  records  of  votes  cast  at  a  state  election  shall  Amended 

i  .  .  „  records,  cer- 

be  made  and  transmitted  as  required  by  law  in  the  case  of  tificatwof 

P        .    .       i  i          TP     •  r>  t>  election,  etc. 

copies  or  original  records.  If,  in  case  of  a  recount  of  votes 
for  town  officers,  it  shall  appear  that  a  person  was  elected 
other  than  the  person  declared  to  have  been  elected,  the 
registrars  of  voters  shall  forthwith  make  and  sign  a  certifi- 
cate of  such  fact,  stating  therein  the  number  of  votes  cast, 
as  determined  by  the  recount,  for  each  candidate  for  the 
office  the  election  to  which  is  disputed,  and  shall  file  the 
same  with  the  town  clerk.  The  town  clerk  shall  record  the 
certificate  and  shall,  within  twenty-four  hours  after  such 
filing,  cause  a  copy  of  such  certificate,  attested  by  him,  to  be 


114 


FAILURES  TO  ELECT,  ETC.,  IN  STATE  OFFICES. 


Clerical 

assistance. 


to\eng°v£?tion 


^ 
Result  of  eiec- 


1907,  see,  §302. 


Not  to  act  be- 

o?eiTOt?dnhaa 
been  issued. 


delivered  to  or  left  at  the  residence  of  the  person  so  declared 
to  have  been  elected,  and  to  the  person  who  by  such  certifi- 
date  appears  to  be  elected. 

Registrars  of  voters  may  employ  such  clerical  assistance 

»  J      .  . 

as  they  may  deem  necesssary  to  enable  them  to  carry  out 
the  provisions  of  this  section. 

SECTION  333.  No  officer  recounting  ballots  shall,  except 
as  re(luired  by  law,  make  any  statement  or  give  any  inf  orma- 
tion  relative  to  a  ballot  cast  by  a  challenged  voter. 

SECTION  334.  The  board  of  aldermen,  or  in  Boston  the 
election  commissioners,  shall  not  declare  the  result  of  an 
elec^on  ^or  state  or  city  officers  or  of  a  vote  upon  any  ques- 
tion  submitted  to  the  voters  until  the  time  for  filing  a  peti- 
tion for  a  recount  of  ballots  has  expired,  or,  if  such  petition 
has  been  filed,  until  the  ballots  have  been  recounted  and 
the  returns  amended,  notwithstanding  any  special  act  relat- 
ing to  such  city.  After  the  ballots  have  been  recounted  and 
the  records  amended,  said  board  or  commissioners  shall 
forthwith  declare  the  result  of  the  election,  and  the  city  clerk 
or  election  commissioners  shall  thereupon  issue  certificates 
of  their  election  to  the  persons  elected.  No  person  elected 
to  a  city  office  shall  act  in  an  official  capacity  by  virtue  of 
before  such  certificate  has  been  issued. 


PART    IV. 

Proceedings  in  Cases  of  Failure  to  Elect,  and  Vacancies  in  State 

Offices. 

SECTION  335.  If,  upon  examination  of  the  copies  of  the 
^  records  of  votes  for  presidential  electors,  it  appears  that  a 

5o7?"eo,'  §  303.  majority  of  the  whole  number  of  electors  has  not  been  chosen, 
the  governor  shall  forthwith,  by  proclamation,  call  together 
the  general  court;  and  the  senators  and  representatives  as- 
sembled in  joint  convention  shall  by  ballot  choose  electors 
to  complete  the  full  number. 

^  ^ne  wn°le  number  of  electors  has  not  been  chosen  when 
the  electors  meet  on  the  second  Monday  in  January,  or  if  an 
elector  has  died  or  is  then  absent,  the  electors  present  shall 
forthwith  choose  electors  from  the  citizens  of  the  common- 
wealth to  complete  the  full  number. 

SECTION  336.  Upon  a  failure  to  choose  a  senator  in  con- 
gress  or  upon  a  vacancy  in  said  office  the  governor  shall  cause 
precepts  to  be  issued  to  the  aldermen  in  every  city  and  the 
selectmen  in  every  town  directing  them  to  call  meetings  of 


of  meeting. 


eiector 
1913. 


FAILURES  TO  ELECT,  ETC.,  IN  STATE  OFFICES.  115 

the  voters  on  the  day  appointed  therein  for  the  election  of 
such  senator. 

SECTION  337.     Upon  a  failure  to  choose  a  representative  Representative 
in  congress  or  upon  a  vacancy  in  said  office,  the  governor  feoS?to"3e<* 
shall  cause  precepts  to  be  issued  to  the  aldermen  in  every  iwfSoITso*. 
city  and  the  selectmen  in  every  town  in  the  district,  direct- 
ing them  to  call  meetings  of  the  voters  on  the  day  appointed 
therein  for  the  election  of  such  representative. 

SECTION  338.     Upon  a  failure  to  choose  a  representative  Representative 
in  the  general  court  at  the  annual  state  election,  a  certificate  cSvS?efaUure 
thereof  shall  be  transmitted  forthwith  to  the  secretary  of  the  Sovseb,  §  305. 
commonwealth  by  the  officers  required  to  transmit  certifi- 
cates of  election,  and  another  election  to  fill  the  vacancy  for 
such  representative  shall  be  held  on  the  fourth  Monday  of 
the  same  month  of  November. 

Upon  a  vacancy  in  the  office  of  representative  in  the  gen-  Vacancy. 
eral  court  or  upon  the  failure  to  elect  on  the  fourth  Monday 
of  November,  the  speaker  of  the  house  of  representatives 
shall  issue  precepts  to  the  board  of  aldermen  of  each  city  and 
the  selectmen  of  each  town  comprising  the  district  or  any 
part  thereof,  appointing  such  time  as  the  house  of  represent- 
atives may  order  for  an  election  to  fill  such  vacancy.  Upon 
the  receipt  of  such  precepts,  the  aldermen  or  the  selectmen 
shall  call  meetings  of  the  qualified  voters  in  the  district, 
which  shall  be  held  in  accordance  with  the  precepts. 

SECTION  339.     Upon  a  failure  to  choose  a  district  attor-  District 
ney,  clerk  of  the  courts,  register  of  probate  and  insolvency  or  S^nTy  offers, 
sheriff,  the  governor  shall  cause  precepts  to  be  issued  to  the  SoJJ'leo!  §l X. 
proper  officers,  directing  them  to  call  meetings  of  the  voters 
on  the  day  appointed  therein,  for  the  election  of  such  officer. 

Upon  a  vacancy  by  removal  or  otherwise  in  any  of  the  Vacancy, 
above  named  offices,  he  shall  in  like  manner  cause  precepts 
to  be  issued  for  an  election  to  fill  such  vacancy  at  the  next 
annual  state  election  for  which  precepts  can  be  seasonably 
issued. 

Upon  a  vacancy  in  the  office  of  district  attorney,  register  vacancy, 
of  probate  and  insolvency  or  sheriff,  the  governor  with  the  &1 
advice  and  consent  of  the  council  may  appoint  some  person 
thereto  until  a  district  attorney,  register  of  probate  and  in- 
solvency or  sheriff  is  elected  and  qualified.    Upon  a  vacancy 
in  the  office  of  clerk  of  the  courts  in  any  county,  or  of  the 
clerk  of  the  supreme  judicial  court  in  the  county  of  Suffolk, 
the  justices  of  said  court  may  appoint  a  clerk  who  shall  hold 
the  office  until  a  clerk  is  elected  and  qualified. 


116 


FAILURES  TO  ELECT,  ETC.,  IN  STATE  OFFICES. 


Clerk  of  supe- 
rior court,  Suf- 
folk county, 
vacancy. 


County  treas- 
urer, register  of 
deeds,  failure 
to  elect. 

1907,  560,  §  307. 

1908,  391. 

1909,  213. 


Vacancy. 


In  case  of 
inability  of 
county  treas- 
urer to  act, 
etc.,  county 
commissioners 
may  appoint, 
etc. 

Person  ap- 
pointed to 
give  bond. 


Register  of 
deeds,  Suffolk 
county,  failure 
to  elect, 
vacancy. 


Register  of 
deeds,  Nan- 
tucket  county, 
failure  to  elect, 
vacancy. 


Whenever  a 
register  of 
deeds,  etc.,  is 
unable  to  act, 


Upon  a  vacancy  in  the  office  of  a  clerk  of  the  superior  court 
in  the  county  of  Suffolk,  the  justices  of  said  court  may  ap- 
point a  clerk,  who  shall  hold  the  office  until  a  clerk  is  elected 
and  qualified. 

SECTION  340.  Upon  a  failure  to  choose  a  county  treasurer 
or  a  register  of  deeds  for  a  county  or  district,  except  the 
counties  of  Suffolk  and  Nantucket,  the  county  commissioners 
shall  forthwith  issue  precepts  to  the  board  of  aldermen  of 
each  city  and  the  selectmen  of  each  town  in  such  county  or 
district,  directing  them  to  call  meetings  of  the  voters  for  the 
election  of  such  officer  on  a  day  appointed  therein. 

Upon  a  vacancy  by  removal  or  otherwise  in  the  office  of 
county  treasurer  or  of  register  of  deeds  in  a  county  or  district, 
except  the  counties  of  Suffolk  and  Nantucket,  the  county 
commissioners  shall  in  like  manner  issue  precepts  for  an  elec- 
tion to  fill  such  vacancy  at  the  next  annual  state  election  for 
which  precepts  can  be  seasonably  issued,  and  may  appoint 
some  person  to  fill  such  office  until  a  person  is  elected  thereto 
and  qualified.  In  case  of  the  inability  of  the  treasurer  of  any 
county  to  act  as  such  treasurer  by  reason  of  illness  or  absence 
from  the  county,  or  by  reason  of  any  other  cause,  the  county 
commissioners  for  said  county  may  appoint  some  person  to 
fill  such  office  until  said  treasurer  is  able  to  resume  his  duties. 
The  person  appointed  to  act  as  temporary  treasurer  shall  give 
a  bond  to  secure  the  faithful  performance  of  his  duties,  in 
such  sum  and  with  such  sureties  as  said  county  commissioners 
shall  approve. 

Upon  a  failure  to  choose  a  register  of  deeds  in  the  county 
of  Suffolk,  or  upon  a  vacancy  in  that  office,  the  board  of  alder- 
men of  the  city  of  Boston  shall  call  meetings  to  elect  a  register 
of  deeds  or  to  fill  such  vacancy,  as  is  above  provided  for  an 
election  in  other  counties;  and,  upon  a  vacancy  in  that  office 
in  said  county  of  Suffolk,  the  superior  court  shall  appoint 
some  person  to  the  office  until  a  person  is  elected  thereto  and 
qualified. 

Upon  a  failure  to  choose  a  register  of  deeds  in  the  county 
of  Nantucket,  or  upon  a  vacancy  in  that  office,  the  selectmen 
of  the  town  of  Nantucket  shall  call  a  meeting  to  elect  a  reg- 
ister of  deeds  as  is  above  provided  for  an  election  in  other 
counties,  and  may  appoint  some  person  to  the  office  until  a 
person  is  elected  thereto  and  qualified. 

Whenever  in  any  county  a  register  of  deeds  who  has  no 
assistant  is  unable,  or  if  he  has  an  assistant  or  assistants  he 
and  such  assistant  or  assistants  are  unable,  by  reason  of  sick- 


FAILURES  TO  ELECT,  ETC.,  IN  STATE  OFFICES.  117 

ness  or  otherwise  to  perform  the  duties  of  their  respective  county  com- 
offices,  the  county  commissioners  for  the  county  electing  such 
register  or,  in  the  county  of  Suffolk,  the  superior  court,  may 
appoint  a  register  of  deeds  pro  tempore  who  shall  perform 
the  duties  of  register  until  the  said  elected  register  or  his 
assistants  or  any  of  them  is  able  to  resume  the  duties  of  his 
office,  or  until  the  election  and  qualification  of  a  new  register. 
A  register  of  deeds  pro  tempore  shall  be  sworn  and  shall  give  TO  be  awom 
a  bond  according  to  the  requirements  of  law  for  registers  of  a 
deeds,  and  notice  of  his  appointment  shall  be  recorded  in  the 
registry  of  deeds  in  which  he  is  to  act.    A  register  of  deeds  Powers  and 
pro  tempore  shall  have  the  same  duties  and  powers  as  are 
provided  for  by  law  in  the  case  of  registers  of  deeds,  and  shall 
receive  such  compensation  for  his  services  as  said  county 
commissioners  and  the   superior  court,   respectively,   may 
deem  reasonable. 

SECTION  341.    Upon  a  failure  to  choose  a  county  commis-  county  or 
sioner  or  associate  commissioner,  the  board  of  examiners  shall  ^mUsioner, 
forthwith  issue  precepts  to  the  board  of  aldermen  of  each  elect™ to 
city  and  to  the  selectmen  of  each  town  in  such  county,  direct-  1907>  560-  $  3°8- 
ing  them  to  call  meetings  of  the  voters  to  elect  such  officer 
on  a  day  appointed  therein.     In  the  county  of  Middlesex, 
such  precept  shall  also  be  issued  to  the  selectmen  of  the 
towns  of  Revere  and  Winthrop. 

Upon  a  vacancy  by  removal  or  otherwise  in  the  office  of 
county  commissioner  or  associate  commissioner,  the  board  of 
examiners  shall  in  like  manner  issue  precepts  for  an  election 
to  fill  such  vacancy  at  the  next  annual  state  election  for 
which  precepts  can  be  seasonably  issued,  except  that  no  such 
election  shall  be  held  unless  the  term  of  office  of  the  commis- 
sioner whose  office  is  so  vacant  extends  beyond  the  first 
Wednesday  of  January  next  succeeding  the  day  of  such  elec- 
tion. 

Upon  a  vacancy  in  said  offices,  the  county  commissioners  vacancy, 
or  the  two  remaining  county  commissioners,  as  the  case  may  ai 
be,  and  the  clerk  of  the  courts  for  the  county,  or  a  majority 
of  them,  may  appoint  some  person  to  fill  such  office  until  a 
person  is  elected  thereto  and  qualified. 

SECTION  342.     If  there  is  a  vacancy  in  the  office  of  district  District 

'.  a  i,  J    •          1     attorney  or 

attorney,  clerk  of  the  courts,  register  ot  probate  and  insol-  county  officers, 
vency,  sheriff,  county  treasurer,  register  of  deeds,  county  com-  Sof/seo,  §  309. 
missioner  or  associate  commissioner,  the  term  of  which  ex- 
pires on  the  first  Wednesday  of  January  following  the  next 
annual  state  election  for  which  precepts  can  be  seasonably 


118 


PROCEEDINGS  OF  PRESIDENTIAL  ELECTORS. 


Secretary  of  the 
commonwealth 
to  be  notified. 
1907,  560,  §  310. 


Copy  of 
precept  to 
secretary. 


Elections  to 
fill  vacancies, 
proceedings. 
1907,  560,  311. 


issued,  no  precepts  shall  be  issued  or  election  held  to  fill  such 
vacancy. 

SECTION  343.  The  county  commissioners  in  each  county 
shall  forthwith  notify  the  secretary  of  the  commonwealth 
of  any  vacancy  in  the  office  of  county  treasurer  or  of  register 
of  deeds;  and  the  board  of  examiners  shall  give  like  notice 
to  the  secretary  of  any  vacancy  in  the  office  of  county  com- 
missioner or  associate  commissioner,  and  in  each  case  they 
shall  send  to  him  a  copy  of  the  precepts  issued  by  them 
for  an  election. 

SECTION  344.  At  elections  held  because  of  a  failure 
to  elect  or  to  fill  vacancies,  the  proceedings  shall  be  the 
same,  so  far  as  applicable,  as  in  elections  to  the  same  office 
at  the  annual  state  election. 


Presidential 
electors, 
meeting,  or- 
ganization. 


Proceedings. 


Proceedings  of  Presidential  Electors. 

SECTION  345.  The  persons  chosen  as  presidential  electors 
shall  meet  at  the  state  house  on  the  Saturday  preceding 
1907, 560,  §  3i2.  the  second  Monday  in  January  succeeding  their  election 
at  three  o'clock  in  the  afternoon  and  organize  by  the  choice 
of  a  presiding  officer  and  secretary.  The  secretary  of  the 
commonwealth  shall  call  the  meeting  to  order,  call  the  roll 
of  electors,  and  preside  until  a  presiding  officer  shall  be 
chosen. 

If,  on  the  second  Monday  in  January,  the  whole  number 
of  electors  has  not  been  chosen,  or  if  any  electors  have  died 
or  are  then  absent,  the  electors  present  shall  forthwith 
choose  electors  from  the  citizens  of  this  commonwealth  to 
complete  the  full  number.  They  shall  thereupon  vote  by 
ballot  for  president  and  vice  president  of  the  United  States, 
one  of  whom  at  least  shall  not  be  an  inhabitant  of  this 
commonwealth.  They  shall  name  in  their  ballots  the 
person  voted  for  as  president,  and  in  distinct  ballots,  the 
person  voted  for  as  vice  president.  They  shall  make  distinct 
lists  of  all  persons  voted  for  as  president  and  of  all  persons 
voted  for  as  vice  president  and  of  the  number  of  votes  for 
each,  and  shall  sign,  certify  and  transmit  such  lists,  sealed, 
to  the  seat  of  government  of  the  United  States,  directed  to 
the  president  of  the  senate;  and  they  shall  in  all  respects 
proceed  conformably  to  the  constitution  and  laws  of  the 
United  States.  The  secretary  of  the  electoral  college  shall 
keep  a  journal  of  its  proceedings  and  deposit  the  same  in 
the  office  of  the  secretary  of  the  commonwealth,  where  it 
shall  be  recorded  and  filed. 


Journal  to 
be  kept. 


CORRUPT  PRACTICES.  119 

"SECTION  346.     Each  elector  shall  receive  from  the  com-  Compensation, 
monwealth  three  dollars  for  each  day  of  attendance,  and  19°7' 560>  §  313> 
one  dollar  for  every  five  miles  of  travel  from  his  residence 
to  the  place  of  meeting. 

Corrupt  Practices. 

SECTION  347.  No  person  shall,  in  order  to  aid  or  promote  candidate  not 
his  own  nomination  or  election  to  a  public  office,  directly 
or  indirectly,  himself  or  through  another  person,  promise 
to  appoint,  or  promise  to  secure  or  assist  in  securing  the  igg  5315 
appointment,  nomination  or  election  of  another  person  to 
a  public  position  or  employment  or  to  a  position  of  honor, 
trust  or  emolument,  except  that  he  may  announce  or  define 
what  is  his  choice  or  purpose  in  relation  to  an  election  in 
which  he  may  be  called  to  take  part,  if  elected. 

SECTION  348.  No  person  shall,  in  order  to  aid  or  promote  Payments,  etc., 
his  own  nomination  or  election  to  a  public  office,  directly  ^£teddates 
or  indirectly,  himself  or  through  another  person,  give,  pay,  IgnlSX,'  f  516' 
expend  or  contribute,  or  promise  to  give,  pay,  expend  or 
contribute,  any  money  or  other  valuable  thing,  except  for 
personal  expenses  or  to  a  political  committee  as  hereinafter 
provided.  The  words  "personal  expenses",  as  used  in  this 
act,  shall  include  only  expenses  directly  incurred  and 
paid  by  a  person  for  travelling  and  for  purposes  properly 
incidental  to  travelling;  for  writing,  printing  and  preparing 
for  transmission  and  distributing  any  letter,  circular,  or  other 
publication,  wherein  is  stated  his  position  or  views  upon 
public  or  other  questions;  for  stationery  and  postage;  for 
telegraph,  telephone  and  messenger  service,  expressage, 
and  for  preparing,  circulating  and  filing  nomination  papers, 
and  for  the  hire  of  not  more  than  one  conveyance  to  be  used 
at  each  polling  place  at  primaries  only. 

No  person  not  a  candidate  for  nomination  or  election,  Purposes  for 
and  no  political  committee,  as  defined  in  section  one  shall, 
in  order  to  aid,  promote  or  defeat  the  nomination  or  election 
of  any  person  to  public  office,  pay,  expend  or  contribute, 
or  promise  to  pay,  expend  or  contribute,  any  money  or 
valuable  thing  except  in  good  faith  for  the  following  pur- 
poses: advertising,  rent  and  maintenance  of  political  head- 
quarters, meetings,  refreshments  other  than  intoxicating 
liquors,  decorations  and  music,  postage,  stationery,  printing, 
expressage,  travelling  expenses  of  candidates,  committees, 
speakers  and  clerks,  telephone,  telegraph,  messenger  service 
and  clerk  hire,  and  for  preparing,  circulating  and  filing 


120  CORRUPT  PRACTICES. 

nomination  papers;  but  a  political  committee  may  expend 
money  for  the  hire  of  not  more  than  one  conveyance  to  be 
used  at  each  polling  place  at  elections  only. 

SSSto'po?"^  SECTION  349.  A  person  who  is  a  candidate  for  nomina- 
mittee°°m~  ^on  or  wno  *s  nominated  as  a  candidate  or  voted  for  with 
ion'  In'  §  I17'  n*s  assent  f°r  public  office,  may  make  a  voluntary  payment 
of  money  or  a  voluntary  and  unconditional  promise  of  pay- 
ment of  money  to  a  political  committee  for  the  promotion 
of  the  principles  of  the  party  wrhich  it  represents,  or  for 
its  general  purposes.  No  candidate  for  nomination  or 
election  or  both,  shall  in  any  one  election,  including  the  pri- 
mary therefor,  make  or  incur,  directly  or  indirectly,  any 
payments,  expenditures,  promises  or  liabilities  under  this 
section  which  exceed  in  the  whole  twenty-five  dollars  for 
each  one  thousand  or  major  portion  thereof  of  the  registered 
voters  qualified  to  vote  for  the  office  in  question  at  the  next 
preceding  election,  but  no  candidate  shall  expend  more 
than  five  thousand  dollars,  and  any  candidate  may  expend 
at  least  one  hundred  and  fifty  dollars  for  the  said  purposes. 
SECTION  350.  No  person  shall,  directly  or  indirectly, 
himself  or  through  another  person,  make  a  payment  or 
1907, 560,  §  318.  promise  of  payment  to  a  political  committee  or  to  any 
person  acting  under  its  authority  or  in  its  behalf,  in  any 
name  except  his  own;  nor  shall  such  committee  or  person 
knowingly  receive  a  payment  or  promise  of  payment,  or 
enter  or  cause  the  same  to  be  entered  in  the  accounts  or 
records  of  such  committee,  in  any  other  name  than  that  of 
the  person  by  whom  it  is  made. 

SECTION  351.  No  person  or  persons,  no  political  corn- 
prohibited,  mittee  and  no  person  acting  under  the  authority  of  a  political 
ml'  679*  1 319'  committee  or  in  its  behalf,  shall  demand,  solicit,  ask  or 
invite  from  a  person  who  is  a  candidate  for  nomination  or 
election  to  public  office,  or  who  is  occupying  an  elective 
public  office,  any  payment  or  gift  of  money  or  other  valuable 
thing,  or  promise  of  payment  or  gift  of  money  or  other 
valuable  thing  for  advertising,  gratuities,  donations,  tickets, 
programmes,  or  any  other  purpose  whatsoever;  and  no 
such  candidate  for  nomination  or  election,  and  no  one  who 
is  occupying  an  elective  public  office,  shall  make  any  such 
payment  or  gift,  or  promise  to  make  any  such  payment 
or  gift,  to  any  person  or  persons,  political  committee,  or  any 
person  acting  under  the  authority  of  a  political  committee, 
if  such  person  or  political  committee  has  demanded,  solicited, 
asked,  or  invited  from  him  any  such  payment,  gift,  or  promise 
of  payment  or  gift;  but  this  provision  shall  not  apply  to 


CORRUPT  PRACTICES.  121 

the  soliciting  or  making  in  good  faith  of  gifts  for  charitable 
or  religious  purposes. 

SECTION  352.     No   political   committee,    and   no   person  Demanding, 
acting  under  its  authority  or  in  its  behalf,  shall  demand  ofmS^ete., 
or  solicit  from  any  person  who  is  a  candidate  for  nomination  ?equ£ite  to 
to  elective  office,  or  from  anyone  acting  in  his  behalf,  a  pay-  -j^Jg™  "JJ^™" 
ment  of  money  or  a  promise  of  payment  of  money,  as  a  prohibited. 
prerequisite  to  his  obtaining  from  such  committee  or  its 
agent  the  nomination  papers  required  by  the  provisions  of 
sections  one  hundred  and  sixty-three  to  one  hundred  and 
seventy,  inclusive. 

SECTION  353.     No  business  corporation  incorporated  under  Payments,  etc., 
the  laws  of,  or  doing  business  in  this  commonwealth,  and 
no  officer  or  agent  acting  in  behalf  of  such  corporation,  shall 
directly  or  indirectly  give,  pay,  expend  or  contribute,  or 
promise  to  give,  pay,  expend  or  contribute  any  money  or 
other  valuable  thing  in  order  to  aid,  promote  or  prevent  Jjgs.  433,  §  i. 
the  nomination  or  election  of  any  person  to  public  office, 
or  in  order  to  aid,  promote  or  antagonize  the  interests  of 
any  political   party.     No   person   or  persons,   no  political 
committee  and  no  person  acting  under  the  authority  of 
a  political  committee,  or  in  its  behalf,  shall  solicit  or  receive  such  payment, 
from  such  corporation  any  such  gift,  payment,  expenditure 
or  contribution,  or  any  promise  to  give,  pay,  expend  or 
contribute. 

SECTION  354.    No  person  shall  publish  or  cause  to  be  Publication  of 
published  in  a  newspaper  or  other  periodical,  either  in  its  p^nSi  ad- 
advertising  or  reading  columns,  any  paid  matter  which  is  jSbited*8' 
designed  or  tends  to  aid,  injure,  or  defeat  any  candidate  JJfJ;  sl.Yi!' 
for  public  office  or  a  constitutional  amendment  or  any  other 
question  submitted  to  the  voters,  unless  the  name  of  the 
chairman  or  secretary  or  the  names  of  two  officers  of  the 
political  or  other  organization  inserting  the  same,  or  the 
name  of  some  voter  who  is  responsible  therefor,  with  his 
residence  and  the  street  and  number  thereof,  if  any,  appear 
therein  in  the  nature  of  a  signature.     Such  matter  inserted  J° 
in  reading  columns  shall  be  preceded  or  followed  by  the 
word  "Advertisement"  in  a  separate  line,  in  type  not  smaller 
than  that  of  the  body  type  of  the  newspaper  or  other 
periodical. 

SECTION  355.    No  person  shall  pay  the  owner,  editor,  Payment  to 

,,.,  rj  .     j.       i  publisher,  etc., 

publisher,  or  agent  of  a  newspaper  or  other  periodical  to  Of  newspaper, 
induce  him  editorially  to  advocate  or  oppose  any  candidate 
for  public  office  or  political  principle,  or  a  constitutional 
amendment  or  any  other  question  submitted  to  the  voters; 


122 


CORRUPT  PRACTICES. 


candidates 
prohibited. 
1907,  581,  §  2. 

1910,  55,  §  2. 

Certain  cor- 
porations, etc. 
not  to  make 
political  con- 
tributions. 
1907,  581,  §  3. 

1911,  422. 


Proviso. 


To  be  preceded 
or  followed  by 
the  word  "Ad- 
vertisement." 

No  payments  to 
be  made  for 
naturalization 
fees,  etc. 
1907,  560,  §  320. 


Every  political 
committee  to 
have  a  treas- 
urer, etc. 

1907,  560,  §  321. 

1908,  518,  §  1. 


Receipts  or 
disbursements 
prohibited  until 
treasurer  is 
chosen. 


and  no  such  owner,  editor,  publisher,  or  agent  shall  accept 
such  payment.  This  provision  shall  not  apply  to  the  out- 
right purchase  of  such  newspaper  or  periodical. 

SECTION  356.  No  corporation  carrying  on  the  business 
of  a  bank,  trust,  surety,  indemnity,  safe  deposit,  insurance, 
railroad,  street  railway,  telegraph,  telephone,  gas,  electric 
light,  heat,  power,  canal,  aqueduct,  or  water  company/  or 
any  company  having  the  right  to  take  or  condemn  land  or 
to  exercise  franchises  in  public  ways,  granted  by  the  common- 
wealth or  by  any  county,  city  or  town,  and  no  trustee  or 
trustees  owning  or  holding  the  majority  of  the  stock  of  such 
a  corporation,  shall  pay  or  contribute  in  order  to  aid,  promote, 
or  prevent  the  nomination  or  election  of  any  person  to  public 
office,  or  in  order  to  aid,  promote  or  antagonize  the  interests 
of  any  political  party,  or  to  influence  or  affect  the  vote  on 
any  question  submitted  to  the  voters.  No  person  shall 
solicit  or  receive  such  payment  or  contribution  from  such 
corporation  or  such  holders  of  stock:  provided,  however, 
that  this  section  shall  not  be  construed  to  prevent  the  bona 
fide  publication  or  circulation  by  such  a  corporation,  or  such 
trustee  or  trustees,  of  paid  matter  when  under  a  referendum 
or  question  submitted  to  the  voters,  the  taking,  purchasing 
or  acquiring  of  any  of  the  property,  business  or  assets  of 
the  corporation  is  involved,  provided  that  the  name  of  the 
corporation  appears  therein  in  the  nature  of  a  signature, 
and  that,  if  inserted  as  reading  matter,  such  matter  is  pre- 
ceded or  followed  by  the  word  "Advertisement",  in  the 
manner  required  by  section  three  hundred  and  fifty-four. 

SECTION  357.  No  political  committee  and  no  person 
who  is  required  to  file  a  statement  shall  make  any  payment 
or  promise  of  payment  of  money  to  or  in  behalf  of  any 
person  for  naturalization  fees  or  for  services  as  counsel  or 
otherwise  in  assisting  any  one  to  obtain  naturalization. 

SECTION  358.  Every  political  committee  shall  have  a 
treasurer,  who  is  a  voter  of  the  commonwealth,  and  shall 
cause  him  to  keep  detailed  accounts  of  all  money  or  its 
equivalent,  received  by  or  promised  to  the  committee,  or 
by  or  to  any  person  acting  under  its  authority  or  in  its 
behalf,  and  of  all  expenditures,  disbursements  and  promises 
of  payment  or  disbursement  made  by  the  committee  or  by 
any  person  acting  under  its  authority  or  in  its  behalf.  No 
person  acting  under  its  authority  or  behalf  shall  receive 
any  money  or  its  equivalent,  or  expend  or  disburse  the  same, 
until  the  committee  has  chosen  a  treasurer. 


CORRUPT  PRACTICES.  123 


The  number  of  persons  that  may  be  employed  by  political 
committees   in   cities   for  any   purpose,    except   as   caucus  may 
officers,  shall  not  exceed  six  persons  in  each  voting  precinct  pofiSf  oom- 
of  the  city.     In  cities,  or  parts  thereof,  not  divided  into  S^631 
precincts,  the  number  shall  not  exceed  six  for  each  ward. 

SECTION  359.  Whoever,  acting  under  the  authority  or  Persons  acting 
in  behalf  of  a  political  committee,  receives  any  money 
or  its  equivalent,  or  promise  of  the  same,  or  expends  or  incurs 
any  liability  to  pay  the  same,  shall,  on  demand,  and  in  7  560  §  322 
any  event  within  fourteen  days  after  such  receipt,  expendi- 
ture, promise  or  liability,  give  to  the  treasurer  a  detailed 
account  of  the  same,  with  all  vouchers  required  by  this 
act,  which  shall  be  a  part  of  the  accounts  and  files  of  such 
treasurer. 

SECTION  360.  The  treasurer  of  every  political  committee  Treasurer  to 
which  receives,  expends  or  disburses  any  money  or  its  equiva-  SnteSSment> 
lent,  or  incurs  any  liability  to  pay  money  in  connection  1907>  560>  §  323> 
with  any  nomination  or  election  to  an  amount  exceeding 
twenty  dollars,  shall,  within  thirty  days  after  such  election, 
file  a  statement  setting  forth  all  the  receipts,  expenditures, 
disbursements  and  liabilities  of  the  committee  and  of  every 
officer  and  other  person  acting  under  its  authority  or  in 
its  behalf.  It  shall  include  the  amount  in  each  case  received, 
the  name  of  the  person  or  committee  from  whom  received, 
the  date  of  its  receipt,  the  amount  of  every  expenditure 
or  disbursement,  the  name  of  the  person  or  committee  to 
whom  it  was  made,  and  the  date  thereof;  and,  unless  such 
expenditure  or  disbursement  was  made  to  another  political 
committee,  shall  clearly  state  the  purpose  of  such  expenditure 
or  disbursement;  also  the  date  and  amount  of  every  existing 
promise  or  liability,  both  to  and  from  such  committee, 
remaining  unfulfilled  and  in  force  when  the  statement  is 
made,  the  name  of  the  person  or  committee  to  or  from  whom 
the  unfulfilled  promise  or  liability  exists,  and  a  clear  state- 
ment of  the  purpose  for  which  the  promise  or  liability  was 
made  or  incurred.  If  the  aggregate  receipts  or  disburse- 
ments of  a  political  committee  in  connection  with  any 
election  shall  not  exceed  twenty  dollars,  the  treasurer  of 
the  committee  shall,  within  thirty  days  after  the  election, 
certify  the  fact  under  oath  to  the  secretary  of  the  common- 
wealth. 

SECTION  361.  Whoever,  acting  otherwise  than  under  othe^persons 
the  authority  or  in  behalf  of  a  political  committee  having  requirements. 
a  treasurer,  receives  money  or  its  equivalent,  or  expends  or  1907'  560>  5  324' 


124  CORRUPT  PRACTICES. 

disburses,  or  promises  to  expend  or  disburse  money  or  its 
equivalent,  to  an  amount  exceeding  twenty  dollars,  to  aid 
or  promote  the  success  or  defeat  of  a  political  party  or 
principle  in  any  election,  or  to  aid  or  influence  the  nomina- 
tion, election  or  defeat  of  a  candidate  for  office,  shall  file 
in  the  city  or  town  in  which  he  is  a  voter,  the  statement 
required  by  the  preceding  section,  and  shall  be  subject  to 
all  the  duties  required  by  this  act  of  a  political  com- 
mittee or  the  treasurer  thereof;  but  no  person  except  a 
voter  of  the  commonwealth  shall  receive,  expend  or  disburse 
any  money  or  its  equivalent  or  promise  to  expend  or  dis- 
burse any  money  or  its  equivalent,  for  either  of  the  purposes 
above  named,  except  for  personal  expenses  as  is  herein  pro- 
vided, or  under  the  authority  or  in  behalf  of  a  political 
committee. 

SeISmln?s.  SECTION  362.  Every  candidate  for  nomination  to  a 
i9iif  679*  §  I25'  Puklic  office  shall,  within  seven  days  after  the  last  day  for 
filing  nominations  for  that  office,  and  every  candidate  for 
election  to  a  public  office  shall  within  seven  days  after  the 
election  held  to  fill  the  office,  file  a  statement  in  writing 
setting  forth  each  sum  of  money  and  thing  of  value  expended, 
contributed,  or  promised  by  him,  for  the  purpose  of  securing 
or  in  any  way  affecting  his  nomination  or  election  to  the  office, 
and  the  name  of  the  person  or  political  committee  to  whom 
the  payment,  contribution  or  promise  was  made  and  the 
date  thereof. 

Smelts,  SECTION  363.     The   statement   required   to   be   filed   by 

1907 'sec  s's'6  a  candidate,  treasurer  or  other  person  shall  be  filed  with 
the  clerk  of  the  city  or  town  in  which  such  candidate,  treas- 
urer or  other  person  is  a  voter.  In  case  the  nomination 
to  which  such  statement  relates  is  a  nomination  to  a  state 
or  national  office,  or  the  election  is  a  state  or  national  elec- 
tion, a  duplicate  shall  be  filed  with  the  secretary  of  the 
commonwealth.  Whoever  makes  a  statement  required 
by  the  provisions  of  this  act  shall  make  oath  that  it  is 
in  all  respects  correct  and  true  to  the  best  of  his  knowledge 
and  belief. 

b?££S£d?        SECTION  364.    The  secretary  of  the  commonwealth  shall 
1907, 560,  §  327.   inspect  all  statements  filed  with  him,   and  the  clerks  of 
cities  shall  inspect  all  statements  relating  to  nominations 
and  to  city  elections  filed  with  them,  within  sixty  days 
Delinquent       after  the  election  to  which  they  relate,  and  if  upon  examina- 
tion  of  the  official  ballot  it  appears  that  any  person  has 
failed  to  file  a  statement  as  required  by  law,  or  if  it  appears 


CORRUPT  PRACTICES.  125 

to  the  secretary  that  any  such  statement  filed  with  him 

does  not  conform  to  law,  or  if  it  appears  to  a  city  clerk  that 

such  statement  relating  to  a  city  nomination  or  election 

does  not  conform  to  law,  or  upon  complaint  in  writing  by 

five  registered  voters  that  a  statement  does  not  conform 

to  law,  or  that  any  person  has  failed  to  file  a  statement 

required  by  law,  the  secretary  or  city  clerk  shall  in  writing 

notify  the  delinquent  person.     Such  complaint  shall  state  Complaint, 

in  detail  the  grounds  of  objection,  shall  be  sworn  to  by  one  form>  ming' 

of  the  subscribers,  and  shall  be  filed  with  the  secretary  or 

with  the  proper  city  clerk  within  ninety  days  after  the 

election  in  question,  or  within  sixty  days  after  the  filing  of 

a  statement  or  amended  statement. 

SECTION  365.     Upon  the  failure  to  file  a  statement  within  Attorney- 
ten  days  after  receiving  notice  under  the  preceding  section,  SStfSd.*0 
or  if  any  statement  filed  as  above  discloses  any  violation  1907>  560>  5  328- 
of  any  provision  of  this  act  relating  to  corrupt  practices 
in  elections,   the   secretary   of  the   commonwealth  or  the 
city  clerk,  as  the  case  may  be,  shall  notify  the  attorney- 
general  thereof  and  shall  furnish  him  with  copies  of  all 
papers  relating  thereto,   and  the  attorney-general,  within 
two  months  thereafter,  shall  examine  every  such  case,  and 
if  he  is  satisfied  that  there  is  cause,  he  shall  in  the  name  of 
the  commonwealth  institute  appropriate  civil  proceedings 
or  refer  the  case  to  the  proper  district  attorney  for  such 
action  as  may  be  appropriate  in  the  criminal  courts. 

SECTION  366.    The  supreme  judicial  court  or  the  superior  Courts  may 

,  i         c    M  rM  j.   compel  the 

court  may  compel  any  person  who  rails  to  nle  a  statement  filing  of  state- 
as  above  required,  or  who  files  a  statement  which  does  not  So?,  s'eo,  §  329. 
conform  to  the  foregoing  requirements  in  respect  to  its 
truth,  sufficiently  in  detail,  or  otherwise,  to  file  a  sufficient 
statement,  upon  the  application  of  the  attorney-general 
or  district  attorney  or  petition  of  any  candidate  voted  for, 
or  of  any  five  persons  qualified  to  vote  at  the  election  on 
account  of  which  the  expenditures,  or  any  part  thereof, 
were  made  or  are  alleged  to  have  been  made.  Such  peti- 
tion shall  be  filed  within  sixty  days  after  such  election,  if  the 
statement  was  filed  within  the  thirty  days  required,  but  a 
petition  may  be  filed  within  thirty  days  of  any  payment  not 
included  in  the  statement  so  filed.  Proceedings  under  this  Proceedings  to 
section  shall  be  advanced  upon  the  request  of  either 
party  for  speedy  trial.  No  petition  brought  under  this  act 
shall  be  discontinued  without  the  consent  of  the  attorney- 
general. 


126 


CORRUPT  PRACTICES. 


etc., 


332. 


1907,  560,  §  333. 


Se,sexncept,  Section  367.  No  person  who  is  called  to  testify  in  any 
1907  560  330  Proceedings  under  the  preceding  section  shall  be  liable 
to  criminal  prosecution  under  this  act  or  otherwise  for  any 
matters  or  causes  in  respect  of  which  he  shall  be  examined 
or  to  which  his  testimony  shall  relate,  except  to  prosecu- 
tion for  perjury  committed  in  such  testimony. 

SECTION  368.     All  statements  shall  be  preserved  for  fifteen 
1907,  560,  §  331.   months  after  the  election  to  which  they  relate,  and  shall, 
under  reasonable  regulations,  be  open  to  public  inspection. 
SECTION  369.     Every  payment  required  to  be  accounted 
^or  snall>  unless  the  total  expense  payable  to  any  one  person 
is  less  than  five  dollars,  be  vouched  for  by  a  receipted  bill 
stating  the  particulars  of  expense,  and  every  voucher,  receipt 
or  account  hereby  required  shall  be  preserved  for  six  months 
after  the  election  to  which  it  relates. 

SECTION  370.  The  secretary  of  the  commonwealth  shall 
a^  .Q^  expense  of  the  commonwealth  furnish  to  the  city 
and  town  clerks,  and  in  Boston  to  the  election  commis- 
sioners, blanks  in  form  approved  by  the  secretary  and  by 
the  attorney-general,  suitable  for  the  statements  required 
by  law.  On  the  receipt  of  a  list  of  candidates  for  public 
office  before  a  caucus  or  primary,  or  upon  the  filing  of  a 
nomination  before  a  municipal  election,  the  election  com- 
missioners in  Boston,  and  the  clerk  of  any  other  city  or  the 
town  clerk  shall  transmit  to  the  candidate  or  candidates 
put  in  nomination,  and  to  the  treasurers  of  political  com- 
mittees, the  blanks  above  described.  Upon  the  filing  of 
a  nomination  before  a  state  or  national  election  the  secretary 
of  the  commonwealth  shall  transmit  to  the  candidate  or 
candidates  put  in  nomination,  and  to  the  treasurers  of  the 
political  committees,  the  blanks  above  described.  To  any 
person  required  to  file  a  statement  such  blanks  shall  be 
furnished  upon  application  therefor. 

SECTION  371.  The  provisions  of  this  act  relative  to 
corrupt  practices  shall  apply  to  all  public  elections,  except 
°^  *own  officers,  and  to  elections  by  the  general  court  and 
by  city  councils,  and  by  either  branch  thereof,  to  the  nomina- 
tion by  primaries,  caucuses  and  conventions  and  nomination 
papers  of  candidates  to  be  voted  for  at  such  elections.  The 
term  "political  committee"  as  defined  in  section  one,  and 
sections  three  hundred  and  forty-eight  and  three  hundred 
and  fifty  shall  not  apply  to  the  proprietors  and  publishers 
of  publications  issued  at  regular  intervals,  in  respect  to  the 
ordinary  conduct  of  their  business. 


i907y56o    334 


INQUESTS  IN  ELECTION  CASES.  127 


Inquests  in  Election  Cases. 

SECTION  372.     Upon  a  complaint  subscribed  and  sworn  inquests  upon 
to  by  any  person  before  a  police,  district  or  municipal  court  drctiSnTSiws. 
or  a  trial  justice,   alleging  that  reasonable  grounds  exist  1907' 560' §  335- 
for  believing  that  any  law  relating  to  the  assessment,  qualifi- 
cation or  registration  of  voters,  or  to  voting  lists  or  ballots, 
or  to  primaries,  caucuses,  conventions  and  elections,  or  to 
any  matters  pertaining  thereto,   has   been   violated,   such 
court  or  justice  may  at  once  hold  an  inquest  to  inquire 
into  such  alleged  violation  of  the  law. 

SECTION  373.    The  court  or  trial   justice   may  exclude  inquests  may 
all  persons  whose  presence  is  not  necessary  at  such  inquest;  private,  etc. 
and  may  also  direct  the  witnesses  to  be  kept  so  separated  1907>  560>  §  m 
that  they  cannot  converse  with  each  other  until  they  have 
been  examined.     The  attorney-general,  the  district  attorney,  Examination 
or  some  person  designated  by  either,  shall  attend  the  inquest  of  Wltnessea- 
and  examine  the  witnesses. 

SECTION  374.     Such  court,  justice  or  attorney  may  issue  witnesses, 
subpoenas  for  witnesses,   who   shall   be  allowed  the  same  f<^,netcnce' 
fees,  whose  attendance  may  be  enforced  in  the  same  manner,  1907>  560>  §  337- 
and  who  shall  be  subject  to  the  same  penalties,  as  if  served 
with  a  subpoena  in  behalf  of  the  commonwealth  in  a  criminal 
prosecution  before  such  court  or  trial  justice. 

SECTION  375.    Such  court  or  trial  justice  may  employ  stenographer 
a  stenographer  and  may  have  the  proceedings  reduced  to  ployed?^ 
writing;  and  if  he  finds  that  the  law  has  been  violated,  1907' 560' §  338' 
shall  report  to  the  superior  court  all  the  material  facts  and 
the  names  of  any  persons  guilty  of  any  such  violation. 

SECTION  376.  The  court  or  trial  justice  may  bind  over,  witnesses  may 
as  in  criminal  prosecutions,  such  witnesses  as  are  necessary,  toapp^,°etcr 
or  as  said  attorney  may  designate,  to  appear  and  testify  1907>  560>  §  m 
in  the  superior  court. 

SECTION  377.     If  a  person  charged  by  the  report  with  certain  persona 
the  commission  of  an  offence  is  not  in  custody,  the  court  Apprehended. 
or  trial  justice  shall  forthwith  issue  a  process  for  his  appre-  ] 
hension;  but  such  process  may  issue  before  the  filing  of 
said  report,  if  otherwise  lawful. 

SECTION  378.     No  person  shall  be  excused  from  testifying  witness  not 

.        .  ...  v  J         liable,  etc. 

or  producing  any  papers  in  any  inquest  proceedings  under  1907, 560,  §  341. 
this    act    on    the    ground    that    his    testimony    may  tend 
to  criminate  him  or  subject  him  to  a  penalty  or  forfeiture, 
but  he  shall  not  be  prosecuted  or  be  subjected  to  a  penalty 


128 


OFFICERS  TO  BE  ELECTED,  STATE  ELECTIONS. 


or  forfeiture  for  or  on  account  of  any  action,  matter  or  thing 
concerning  which  he  may  so  testify,  except  for  perjury 
committed  in  such  testimony. 


State  officers  to 
be  elected 
annually. 

1907,  560,  §  342. 

1908,  597. 


Presidential 

electors. 

1907,  560,  §  343. 


Senators  in 

Congress. 

1913. 


Representatives 
in  Congress. 
1907,  560,  §  344. 


District 
attorneys. 
1907,  560,  §  345. 


Clerks  of 

courts. 

1907,  560,  §  346. 


Officers  to  be  elected  at  State  Elections. 

SECTION  379.  At  the  annual  state  election  there  shall 
be  chosen  by  the  voters  of  the  commonwealth,  as  prescribed 
by  the  constitution,  a  governor,  lieutenant  governor,  secre- 
tary of  the  commonwealth,  treasurer  and  receiver  general, 
auditor  of  the  commonwealth  and  attorney-general;  by  the 
voters  in  each  councillor  district,  one  councillor;  by  the 
voters  in  each  senatorial  district,  one  senator;  and  by 
the  voters  in  each  representative  district,  such  number  of 
representatives  as  the  district  is  entitled  to  elect. 

SECTION  380.  At  the  annual  state  election  in  each  year 
in  which  presidential  electors  are  required  to  be  elected, 
a  number  of  electors,  equal  to  the  whole  number  of  senators 
and  representatives  in  congress  to  which  the  commonwealth 
is  entitled,  shall  be  chosen  by  the  voters  of  the  common- 
wealth. 

SECTION  381.  At  the  annual  state  election  in  the  year 
nineteen  hundred  and  sixteen,  and  in  every  sixth  year  there- 
after, and  in  the  year  nineteen  hundred  and  eighteen  and  in 
every  sixth  year  thereafter,  a  senator  in  congress  shall  be 
chosen  by  the  voters  of  the  commonwealth. 

SECTION  382.  At  the  annual  state  election  in  every  even 
numbered  year  a  representative  in  congress  shall  be  chosen 
by  the  voters  in  each  congressional  district. 

SECTION  383.  At  the  annual  state  election  in  the  year 
nineteen  hundred  and  thirteen,  arid  in  every  third  year 
thereafter,  a  district  attorney  shall  be  chosen  by  the  voters 
in  each  of  the  districts  into  which  the  commonwealth  is 
divided  for  the  administration  of  the  criminal  law. 

SECTION  384.  At  the  annual  state  election  in  the  year  nine- 
teen hundred  and  sixteen,  and  in  every  fifth  year  thereafter, 
a  clerk  of  the  supreme  judicial  court  for  the  county  of  Suffolk, 
and  two  clerks  of  the  superior  court,  one  for  civil  and  one 
for  criminal  business,  shall  be  chosen  by  the  voters  in  said 
county;  and,  by  the  voters,  in  each  of  the  other  counties, 
a  clerk  of  the  courts  who  shall  act  as  clerk  of  the  supreme 
judicial  court,  of  the  superior  court  and  of  the  county 
commissioners. 


OFFICERS  TO  BE  ELECTED,  STATE   ELECTIONS.  129 

SECTION  385.    At  the  annual  state  election  in  the  year  Registers  of 
nineteen   hundred   and   thirteen,   and   in  every  fifth  year  FnSv2icyd 
thereafter,  a   register  of  probate  and  insolvency  shall   be  1907' 560' 5  347' 
chosen  by  the  voters  of  each  county. 

SECTION  386.    At  the  annual  state  election  in  the  year  Registers 
nineteen  hundred  and  sixteen,  and  in  every  fifth  year  there-  iwzfseo;  §  us. 
after,  a  register  of  deeds  shall  be  chosen  by  the  voters  of 
each  district  for  the  registry  of  deeds,  and  of  each  county 
not  divided  into  districts. 

SECTION  387.  At  the  annual  state  election  there  shall 
be  chosen  by  the  voters  of  the  county  of  Middlesex  and  of  1907>  560' 
the  towns  of  Revere  and  Winthrop,  one  county  commissioner 
for  said  county  and  towns,  and  by  the  voters  of  each  of  the 
other  counties,  except  the  counties  of  Suffolk  and  Nantucket, 
one  county  commissioner  for  the  county. 

At  the  annual  state  election  in  the  year  nineteen  hundred 
and  thirteen,  and  in  every  third  year  thereafter,  there  shall 
likewise  be  chosen  by  the  voters  of  the  county  of  Middlesex 
and  of  the  towns  of  Revere  and  Winthrop,  two  associate 
commissioners  for  said  county  and  towns,  and  by  the  voters 
of  each  of  the  other  counties,  except  the  counties  of  Suffolk 
and  Nantucket,  two  associate  commissioners  for  the  county. 

Not  more  than  one  of  the  county  commissioners  and  Not  more  than 

one  commis- 

associate  commissioners  shall  be  chosen  from  the  same  city  s»oner  from 
or  town.  If  two  persons  residing  in  the  same  city  or  town 
shall  appear  to  have  been  chosen  to  said  offices,  the  person 
only  who  receives  the  larger  number  of  votes  shall  be  declared 
elected;  but  if  they  shall  receive  an  equal  number  of  votes, 
no  person  shall  be  declared  elected.  If  a  person  residing 
in  a  city  or  town  in  which  a  county  commissioner  or  an 
associate  commissioner  who  is  to  remain  in  office  also  resides, 
shall  appear  to  have  been  chosen,  he  shall  not  be  declared 
elected.  If  the  person  is  not  declared  elected  by  reason 
of  the  above  provisions,  the  person  receiving  the  next  highest 
number  of  votes  for  the  office,  and  who  resides  in  another 
city  or  town,  shall  be  declared  elected. 

SECTION  388.     At  the  annual  state  election  in  the  year  sheriffs. 

i  11  i    np,  i    '  ni>,i  .1  1907,  560,  §  350. 

nineteen  hundred  and  ntteen,  and  in  every  fifth  year  there-  1910, 246. 
after,  a  sheriff  shall  be  chosen  by  the  voters  in  each  county. 

SECTION  389.     At  the  annual  state  election  in  the  year  <j£™ty 
nineteen  hundred  and  fifteen,  and  in  every  third  year  there-  iSoTSjM  351. 
after,  a  county  treasurer  shall  be  chosen  by  the  voters  in 
each  county,  except  the  counties  of  Suffolk  and  Nantucket. 


130 


OFFICERS  TO  BE  ELECTED,  STATE  ELECTIONS. 


Commissioners 
to  apportion 
Suffolk  county 
into  represent- 
ative districts. 
1907,  560,  §  352. 


Term  of  office, 
organization. 


City  of  Boston 
to  provide 
office,  etc. 

Compensation, 
clerk  hire,  etc. 


Duties. 


SECTION  390.  At  the  annual  state  election  in  the  year 
nineteen  hundred  and  fifteen,  and  in  every  tenth  year  there- 
after, nine  commissioners  shall  be  elected  for  the  county  of 
Suffolk,  for  the  performance  of  the  duties  hereinafter  specified. 
Five  of  said  commissioners  shall  be  residents  of  and  voters 
in  the  city  of  Boston  and  shall  be  elected  by  the  voters  of 
that  city;  two  shall  be  residents  of  and  voters  in  the  city 
of  Chelsea  and  shall  be  elected  by  the  voters  of  that  city; 
one  shall  be  a  resident  of  and  a  voter  in  the  town  of  Winthrop 
and  shall  be  elected  by  the  voters  of  that  town;  and  one  shall 
be  a  resident  of  and  a  voter  in  the  town  of  Revere  and  shall 
be  elected  by  the  voters  of  that  town.  Said  commissioners 
shall  hold  office  for  one  year  from  the  first  Wednesday  of 
January  next  after  their  election.  At  their  first  meeting, 
they  shall  organize  by  choosing  a  chairman,  who  shall  be 
one  of  their  number,  and  a  clerk.  The  city  of  Boston  shall 
provide  them  with  a  suitable  office  and  room  for  hearings 
and  shall  allow  and  pay  to  them  for  compensation  a  sum 
not  exceeding  five  hundred  dollars  each,  said  sum  to  be 
determined  by  the  governor  and  council,  and  a  further  sum 
of  not  more  than  seven  hundred  dollars  for  clerk  hire,  station- 
ery and  incidental  expenses. 

The  said  commissioners  shall,  on  the  first  Tuesday  of 
August  next  after  the  secretary  of  the  commonwealth  shall 
have  certified  to  them  the  number  of  representatives  to  which 
the  county  of  Suffolk  may  be  entitled,  as  determined  by  the 
general  court,  assemble  in  the  city  of  Boston,  and,  as  soon 
as  may  be,  shall  so  divide  said  county  into  representative 
districts  of  contiguous  territory  as  to  apportion  the  repre- 
sentation of  said  county,  as  nearly  as  may  be,  according  to 
the  number  of  voters  in  the  several  districts.  Such  dis- 
tricts shall  be  so  formed  that  no  ward  of  a  city  and  no  town 
shall  be  divided,  and  no  district  shall  be  so  formed  that 
it  shall  be  entitled  to  elect  more  than  three  representatives. 
The  districts  shall  be  numbered  by  the  commissioners, 
and  a  description  of  each  district,  its  number  and  the  number 
of  voters  therein  shall  be  transmitted  to  the  secretary  of 
the  commonwealth,  to  the  board  of  election  commissioners 
of  the  city  of  Boston,  to  the  treasurer  of  the  city  of  Boston, 
to  the  city  clerk  of  the  city  of  Boston,  to  the  city  clerk  of 
the  city  of  Chelsea,  to  the  clerk  of  the  town  of  Revere  and 
to  the  clerk  of  the  town  of  Winthrop  and  shall  be  filed  and 
kept  in  their  respective  offices. 


TOWN  MEETINGS.  131 

SECTION  391.     District  attorneys,  county  commissioners,  Terms  of  office 
associate  commissioners   and    county  treasurers  shall   hold  £mcei£in 
their  several  offices  for  terms  of  three  years,  and  sheriffs,  JgiJ;  ^  §  i53' 
registers  of  deeds,  clerks  of  the  courts  and  registers  of  probate 
and  insolvency  for  terms  of  five  years,  beginning  with  the 
first  Wednesday  of  January  in  the  year  succeeding  their 
respective  elections  and  until  their  successors  are  chosen 
and  qualified. 

SECTION  392.  District  attorneys,  registers  of  deeds  and  Tt°  **  resident3- 
county  treasurers  shall  be  residents  of  the  counties  or  dis-  190^  560«  $  354- 
tricts  for  which  they  are  chosen. 

PART    V. 

Provisions  applying  to  Town  Meetings. 

SECTION  393.  The  annual  meeting  of  each  town  shall 
be  held  in  February,  March  or  April;  and  other  meetings 
may  be  held  at  such  times  as  the  selectmen  may  order. 
Meetings  may  be  adjourned  from  time  to  time,  and  to  any 
place  within  the  town. 

SECTION  394.     Every  town  meeting,  except  as  hereinafter  Warrants, 

•  i     i        i      11    i  11     i    •  f  i        notification. 

provided,  shall  be  called  in  pursuance  or  a  warrant,  under  1907,  seo,  §  355. 

the  hands  of  the  selectmen,  directed  to  the  constables  or 

to  some  other  persons,  who  shall  forthwith  give  notice  of 

such  meeting  in  the  manner  prescribed  by  the  by-laws  or, 

if  there  are  no  by-laws,  by  a  vote  of  the  town.     The  warrant  Contents. 

shall  state  the  time  and  place  of  the  meeting  and  the  subjects 

to  be  there  acted  upon,  and  the  selectmen  shall  insert  in  the 

warrant  all  subjects  the  insertion  of  which  shall,  in  writing, 

be  requested  of  them  by  any  ten  or  more  voters  of  the  town. 

No  action  shall  be  valid  unless  the  subject-matter  thereof  notrtvan<Ttion9 

is  contained  in  the  warrant.     Two  or  more  distinct  town 


meetings  for  distinct  purposes  may  be  called  by  the  same  more  meetings. 
warrant. 

SECTION  395.     If  a  majority  of  the  selectmen  shall  vacate  ^ 
their  offices,  or  if  the  full  number  shall  fail  to  be  elected  board  of 
or  qualified,  the  selectmen  in  office  may  call  a  town  meeting.  190?;  56o°§  357. 

SECTION  396.  If  the  selectmen  unreasonably  refuse  to  Justice  of  the 
call  a  town  meeting,  a  justice  of  the  peace,  upon  the  applica- 
tion  of  ten  or  more  voters  of  the  town,  may  call  a  meeting 
by  a  warrant  under  his  hand,  stating  the  subjects  to  be  acted 
upon,  directed  to  the  constables  of  the  town  if  there  are  any; 
otherwise  to  any  of  the  persons  applying  therefor,  directing 


132 


TOWN  MEETINGS. 


Moderator, 

election. 

1907,  560,  §  359. 


May  be  elected 
for  the  term 
of  one  year. 


Vacancy. 


Election  of 
moderator  for 
one  year  in 
certain  towns, 
proceedings. 


Who  shall  pre- 
side until  a 
moderator  is 
elected. 


Powers  and 
duties  of 
moderators. 
1907,  560,  §  360. 
1912,  252. 


them  to  summon  the  inhabitants  qualified  to  vote  in  town 
affairs,  to  assemble  at  the  time  and  place,  and  for  the  purposes 
expressed  in  the  warrant. 

SECTION  397.  At  every  town  meeting,  except  for  the 
election  of  state  officers,  when  moderators  are  not  elected 
for  the  term  of  one  year,  a  moderator  shall  first  be  chosen. 

Any  town  which  has  so  voted  or  hereafter  votes  may  at 
any  annual  election  of  town  officers  elect  from  the  inhabitants 
thereof  by  ballot,  a  moderator  to  preside  at  all  town  meetings 
except  those  for  the  election  of  state  officers.  His  term  of 
office  shall  begin  as  soon  as  he  is  qualified,  and  shall  continue 
until  the  next  annual  town  meeting  and  until  his  successor 
is  elected  and  qualified.  Any  town  which  has  elected  a 
moderator  for  the  term  of  one  year  shall  thereafter  elect 
a  moderator  at  every  annual  election  of  town  officers,  unless 
at  a  meeting  duly  called  for  the  purpose  the  town  votes 
to  discontinue  the  electing  of  moderators  for  said  term. 

If  a  vacancy  in  the  said  office  occurs  during  any  term  it 
may  be  filled  by  the  voters  of  the  town  at  a  meeting  called 
for  that  purpose.  If  a  moderator  so  elected  is  absent,  a 
moderator  pro  tempore  may  be  elected. 

In  towns  where  official  ballots  are  used,  the  vote  to  elect 
moderators  for  the  term  of  one  year  shall  be  taken  at  a  meet- 
ing held  at  least  thirty  days  before  the  annual  town  meeting 
at  which  the  vote  is  to  become  operative,  and  at  the  first 
annual  meeting  after  the  town  has  so  voted  a  moderator 
shall  be  chosen  as  provided  in  section  four  hundred  and  ten 
to  serve  at  that  meeting,  and  the  moderator  elected  on  the 
official  ballot  at  that  meeting  shall  act  at  subsequent  town 
meetings,  except  those  for  the  election  of  state  officers, 
until  his  successor  is  elected  and  qualified. 

At  every  town  meeting  until  a  moderator  or  moderator 
pro  tempore  is  elected,  the  town  clerk  shall  preside,  but  if 
he  is  absent  or  if  there  is  no  town  clerk,  the  chairman  of  the 
selectmen  or  the  member  longest  in  continuous  service  shall 
preside,  but  if  no  selectman  is  present,  the  justice  of  the 
peace  calling  such  meeting,  if  the  meeting  is  so  called,  shall 
preside.  Such  presiding  officer  shall  have  the  powers  and 
perform  the  duties  of  a  moderator. 

SECTION  398.  The  moderator  shall  preside  and  regulate 
the  proceedings,  decide  all  questions  of  order,  and  make 
public  declaration  of  all  votes,  and  may  administer  in  open 
meeting  the  oath  of  office  to  any  town  officer  chosen  thereat. 
If  a  vote  so  declared  is  immediately  questioned  by  seven 


ELECTION  OF  TOWN  OFFICERS.  133 

or  more  of  the  voters,  he  shall  verify  it  by  polling  the  voters 
or  by  dividing  the  meeting  unless  the  town  has  by  a  previous 
order  or  by  its  by-laws  provided  another  method. 

A  town  may  at  any  town  meeting  called  for  the  purpose  Town,  may  pass 
pass  by-laws,  subject  to  the  provisions  of  this  section,  for 
the  regulation  of  the  proceedings  at  town  meetings  of  the 
town.  Such  by-laws  shall  be  approved  and  published  in 
the  manner  prescribed  by  section  one  of  chapter  three  hundred 
and  forty-four  of  the  acts  of  the  year  nineteen  hundred  and 
four. 

SECTION  399.     No  person  shall  address  a  town  meeting  speaking  in 
without  leave  of  the  moderator,  and  all  persons  shall  at  the  reJ3atS.tm' 
request  of  the  moderator  be  silent.     If  a  person,  after  warn-  1907>  560' 5  361> 
ing  from  the  moderator,   persists  in  disorderly  behavior, 
the  moderator  may  order  him  to  withdraw  from  the  meeting; 
and  if  he  does  not  withdraw,  may  order  a  constable  or  any 
other  person  to  remove  him  and  confine  him  in  some  con- 
venient place  until  the  meeting  is  adjourned. 

Election  of  Town  Officers. 

SECTION  400.     Every  town  at  its  annual  meeting  shall 
in  every  year,  except  as  is  otherwise  provided  in  the  follow- 
ing  sections,  choose  from  the  inhabitants  thereof  the  following  1907,  seo,  §  302. 
named  town  officers,   who,   except  as  otherwise  provided 
in  the  following  sections,  shall  serve  during  the  year: 

A  town  clerk; 

Three,  five,  seven  or  nine  selectmen; 

Three  or  more  assessors;  and,  if  the  town  so  votes,  three 
or  more  assistant  assessors; 

Three  or  more  overseers  of  the  poor; 

A  town  treasurer,  whom  the  town  may  at  any  meeting 
appoint  collector  of  taxes; 

One  or  more  collectors  of  taxes,  if  the  town  so  votes; 

One  or  more  auditors,  who  shall  hold  no  other  town  office; 

One  or  more  highway  surveyors,  if  the  town  so  votes; 

A  road  commissioner,  if  the  town  has  provided  for  such 
officer; 

A  sewer  commissioner,  if  the  town  has  provided  for  such 
officer; 

One  or  more  constables,  who  shall  also  be  collectors  of 
taxes,  unless  other  persons  are  specially  chosen  or  appointed 
as  such; 

Two  or  more  field  drivers; 


134 


ELECTION  OF  TOWN  OFFICERS. 


School 
committee. 


Women  eligible 
for  certain 
offices. 

Town  clerk 

may  be  chosen 

for  term  of 

three  years, 

etc. 

1907,  560,  §  363. 


Certain  towns 
to  elect  a  high- 
way surveyor. 
1907,  560,  §  364. 


Term  of  office 
of  highway 
surveyor  may 
be  three  years. 
1911,  222. 


Two  or  more  fence  viewers;  and  such  other  town  officers 
as  are  required  by  law  then  to  be  chosen; 

A  tree  warden. 

The  town  shall  likewise  at  its  annual  ^meeting  choose 
from  the  inhabitants  thereof  members  of  the  school  com- 
mittee, which  committee  shall  consist  of  any  number  of 
persons  divisible  by  three  which  the  town  has  decided  to 
elect,  one  third  thereof  to  be  elected  annually,  for  the  term 
of  three  years.  If  a  town  fails  or  neglects  to  choose  such 
committee,  an  election  at  a  subsequent  meeting  shall  be 
valid.  Where  official  ballots  are  used  the  number  to  be  so 
elected  shall  be  determined  at  a  meeting  held  at  least  thirty 
days  before  the  annual  town  meeting.  A  town  may,  at  an 
annual  meeting,  if  official  ballots  are  not  used,  otherwise 
at  a  meeting  held  at  least  thirty  days  before  the  annual 
meeting  at  which  such  change  is  to  become  operative,  vote 
to  increase  or  diminish  the  number  of  its  school  committee. 
Such  increase  shall  be  made  by  adding  one  or  more  to  each 
class,  to  hold  office  according  to  the  tenure  of  the  class  to 
which  they  are  severally  chosen.  Such  diminution  shall  be 
made  by  choosing,  annually,  such  number  as  will  in  three 
years  effect  it,  and  a  vote  to  diminish  shall  remain  in  force 
until  the  diminution  under  it  is  accomplished. 

Women  shall  be  eligible  as  overseers  of  the  poor  and  school 
committee. 

SECTION  401.  In  towns  which  vote  to  accept  the  pro- 
visions of  this  section  or  have  voted  to  accept  the  correspond- 
ing provisions  of  earlier  laws,  the  town  clerk  may,  until 
such  acceptance  is  revoked  at  a  subsequent  meeting,  be 
chosen  for  a  term  of  three  years;  and  such  clerk  may  also 
serve  as  clerk  of  such  officers,  boards  and  departments  of 
the  town  as  the  town  may  determine  by  a  vote  taken  at 
said  meeting  or  at  a  subsequent  meeting. 

SECTION  402.  In  towns  which  vote  to  accept  the  pro- 
visions of  this  section  or  have  voted  to  accept  the  correspond- 
ing provisions  of  earlier  laws,  there  shall  be  elected  at  the 
annual  town  meeting  in  each  year,  until  such  acceptance 
is  revoked  by  the  town,  a  highway  surveyor,  who  shall  hold 
his  office  for  one  year.  Upon  the  election  of  such  surveyor, 
the  office  of  road  commissioner  shall  terminate. 

SECTION  403.  A  town  which  has  voted  to  accept  the 
provisions  of  the  preceding  section,  or  has  voted  to  accept 
the  corresponding  provisions  of  earlier  laws,  may  vote  that 
the  term  of  office  of  the  highway  surveyor  shall  be  three  years. 


ELECTION  OF  TOWN  OFFICERS.  135 


SECTION  404.     In  towns  where  official  ballots  are  not  used,  2J£°  to  teke 
the  question  of  the  acceptance  or  revocation  of  the  acceptance  1907»  5GO>  *  365- 
of  any  of  the  three  preceding  sections  shall  be  voted  upon 
only  at  an  annual  town  meeting,  and  such  vote  shall  take 
effect  forthwith.     In  other  towns,  the  question  of  acceptance 
or  revocation  shall  be  voted  upon  at  a  meeting  held  at  least 
thirty  days  before  the  annual  meeting  at  which  such  vote 
is  to  become  operative. 

SECTION  405.     A  town  may  elect  a  board  of  health  con-  Board  of  health, 
sisting  of  three  persons,  who  shall  serve  for  terms  of  one, 
two  and  three  years  respectively,  beginning  with  the  day  1907>  560> 
following  the  meeting  at  which  they  are  elected,  or  until 
their  respective  successors  are  chosen  and  qualified;  and 
thereafter  such  town  shall,  at  its  annual  town  meeting, 
choose  one  member  of  such  board  who  shall  hold  office  for 
three  years  from  the  day  following  such  meeting  and  until 
another  is  chosen  and  qualified  in  his  stead.     If  no  such  if  not  elected, 
board  is  chosen,  the  selectmen  shall  act  as  a  board  of  health.  St601" 
In  every  town  having  more  than  five  thousand  inhabitants  One  member  to 
as  determined  by  the  latest  national  or  state  census  at  least  i?«SSnCia 
one  member  of  the  board,  unless  composed  of  the  selectmen,  towns' 
shall  be  a  physician.     Where  official  ballots  are  used  the  when  vote 
question  of  electing  a  board  of  health  shall  be  voted  upon  iS^uSng 
at  a  meeting  held  at  least  thirty  days  before  the  annual  official  baUots- 
meeting  at  which  such  vote  is  to  become  operative. 

SECTION  406.     A  town  may,  at  an  annual  meeting,  if 


official  ballots  are  not  used,  otherwise  at  a  meeting  held  at  P001".  election 
least  thirty  days  before  the  annual  meeting  at  which  such  towns. 

1007    ^fiO    S  ^fi7 

change  is  to  become  operative,  vote  to  elect  its  selectmen, 
or  overseers  of  the  poor  in  the  following  manner:  — 

If  the  number  fixed  by  the  town  is  three,  it  shall,  at  the 
annual  meeting  when  such  vote  is  passed  or  at  the  next 
annual  meeting,  elect  one  for  the  term  of  one  year,  one  for 
the  term  of  two  years  and  one  for  the  term  of  three  years; 
if  the  number  is  five,  it  shall  elect  one  for  the  term  of  one 
year,  two  for  terms  of  two  years  and  two  for  terms  of  three 
years  ;  if  the  number  is  seven,  it  shall  elect  two  for  terms  of 
one  year,  two  for  terms  of  two  years  and  three  for  terms  of 
three  years;  if  the  number  is  nine,  it  shall  elect  three  for 
terms  of  one  year,  three  for  terms  of  two  years  and 
three  for  terms  of  three  years;  and  at  each  annual  meet- 
ing thereafter,  it  shall  elect  one,  two  or  three  for  the 
term  of  three  years  as  the  term  of  office  of  one,  two  or 
three  expires. 


136 


ELECTION  OF  TOWN  OFFICERS. 


In  towns  voting 
to  increase  or 
diminish  the 
number  of 
selectmen  or 
overseers  of  the 
poor. 
1907,  560,  §  368. 


May  rescind 
action. 


Assessors,  ex- 
cept in  Boston, 
election,  terms 
of  office,  etc. 
1907,  579. 


Town  may  vote 
to  elect  three 
road  and  three 
sewer  com- 
missioners. 
1907,  560,  §  369. 


Election,  terms 
of  office. 


May  rescind 
action,  etc. 


SECTION  407.  A  town  which  votes  to  increase  or  diminish 
the  number  of  its  selectmen  or  overseers  of  the  poor,  may 
at  the  same  meeting  if  an  annual  meeting,  otherwise  at  the 
annual  meeting  next  succeeding  the  meeting  at  which  the 
vote  was  passed,  elect  one  or  more  such  additional  officers, 
or  omit  to  elect  one  or  more  such  officers,  so  as  to  bring  the 
number  to  the  limit  fixed  by  the  vote  of  the  town,  with 
terms  of  office  expiring  in  the  manner  provided  in  the  pre- 
ceding section;  but  one  selectman  and  overseer  of  the  poor 
shall  be  elected  annually.  A  town  which  has  voted  to  elect 
said  officers  as  provided  in  the  preceding  section,  may  at  an 
annual  meeting  if  official  ballots  are  not  used,  otherwise  at 
a  meeting  held  at  least  thirty  days  before  the  annual  meet- 
ing, rescind  such  action;  but  such  rescission  shall  not  affect 
the  term  of  office  of  any  such  officer. 

SECTION  408.  Each  assessor  in  every  city  and  town 
of  the  commonwealth,  except  in  the  city  of  Boston,  shall 
be  elected  or  appointed  to  hold  office  for  the  term  of  three 
years  and  until  his  successor  is  duly  elected  or  appointed. 

There  shall  be  three,  five,  seven  or  nine  assessors  in  each 
city  and  town,  and  as  nearly  one  third  as  may  be  of  the 
number  shall  be  elected  or  appointed  annually.  A  town 
by  vote  of  a  town  meeting  may  change  the  number  of  assessors 
within  the  limits  herein  established,  but  such  vote  shall 
not  effect  the  term  of  office  of  any  assessor  serving  at  the 
time  of  its  adoption. 

SECTION  409.  A  town  may  at  an  annual  meeting  if 
official  ballots  are  not  used,  otherwise  at  a  meeting  held  at 
least  thirty  days  before  the  annual  meeting,  vote  to  elect 
three  road  commissioners  and  three  sewer  commissioners 
in  the  following  manner:  — 

It  shall,  at  the  annual  meeting  when  such  vote  is  passed 
or.  at  the  annual  meeting  next  succeeding  the  meeting  at 
which  the  vote  was  passed,  elect  one  for  the  term  of  one 
year,  one  for  the  term  of  two  years  and  one  for  the  term  of 
three  years;  and  at  each  annual  meeting  thereafter  it  shall 
elect  one  for  the  term  of  three  years.  A  town  which  has 
voted  to  elect  said  officers  as  herein  provided,  may  in  like 
manner  rescind  such  action;  and  thereupon,  if  at  an  annual 
meeting,  the  offices  of  road  commissioners  or  sewer  commis- 
sioners shall  be  abolished.  If  such  vote  is  taken  at  a  meeting 
held  at  least  thirty  days  before  the  annual  meeting  such 
abolition  shall  take  effect  at  the  next  annual  meeting. 


ELECTION  OF  TOWN  OFFICERS.  137 

SECTION  410.    -The  election  of  a  moderator  at  a  meeting  Moderator, 
for  the  choice  of  town  officers  shall  be  by  ballot  and  the  £££?£*, 
voting  list  shall  be  used  thereat.     When  moderators  are  SSj^eo,  5  370. 
not  elected  for  the  term  of  one  year,  if  the  number  of  voters 
registered  for  the  annual  town  meeting  shall  exceed  five  hun- 
dred, no  person  shall  print  or  distribute  for  use  at  the  elec- 
tion of  moderator  at  such  meeting  any  ballots  unless  they 
shall  be  of  plain  white  paper,  in  weight  not  less  than  that 
of  ordinary  printing  paper,  not  less  than  five  and  one  half 
nor  more  than  six  inches  in  length,  and  not  less  than  three 
and  one  half  nor  more  than  four  inches  in  width;  shall 
have  no  printing,  engraving,  device  or  mark  upon  the  back 
thereof,  and,  if  printed,  shall  be  printed  in  black  ink  with 
the  name  of  the  candidate  in  a  line  parallel  with  the  length 
of  the  ballot,  and  in  capital  letters  not  less  than  one  eighth 
of  an  inch  nor  more  than  one  quarter  of  an  inch  in  height. 
Ballots  for  moderator,  although  not  in  conformity  with  the  Certain  ballots 
above  requirements,  shall  be  received  and  counted. 


SECTION  411.    The   election   of   town   clerk,    selectmen, 
assessors,  overseers  of  the  poor,  town  treasurer,  auditor,  election. 
collector  of  taxes,   constables,   road   commissioners,   sewer  1907>     '• 
commissioners,  board  of  health  and  school  committee  shall 
be  by  ballot;  and  the  election  of  all  other  town  officers  shall 
be  in  such  manner  as  the  town  may  determine,  unless  other- 
wise provided  by  law.     A  town  which  chooses  its  overseers  Selectmen  may 

,      .     ,  i        «?  act  as  overseers 

of  the  poor  for  one  year,  may,  instead  of  electing  such  officers,  of  the  poor  in 
provide  by  vote  that  the  selectmen  shall  act  also  as  over-  ** 
seers  of  the  poor,  or  both.     Such  vote  shall,  in  any  town 
using  official  ballots,  be  passed  at  a  meeting  held  at  least 
thirty  days  before  the  annual  meeting  at  which  such  select- 
men are  to  be  chosen. 

SECTION  412.    The  voting  list  shall  be  used  and  the  name  when  voting 
of  every  person  voting  shall  be  checked  thereon  in  the  election  used3 
of  all  town  officers  whosg  election  is  by  law  required  to  be  1907>  560>  5  ' 
by  ballot,   and  in  voting  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquors;  but  in  the  elec-, 
tion   of  other  town   officers  the  meeting   shall   determine 
whether  the  voting  list  shall  be  used. 

SECTION  413.    If  the  town   clerk,   selectmen,   assessors,  Ballots  to  be 
treasurer,  collector  of  taxes  and  school  committee  are  voted  indorsed,  'etc. 
for  on  one  ballot,  the  moderator  shall  cause  all  such  ballots  1907>  560'  §  : 
when  canvassed  and  counted,  and  record  thereof  has  been 
made,  publicly  to  be  enclosed  in  envelopes,  which  shall  be 


138 


ELECTION  OF  TOWN  OFFICERS. 


Town  clerk, 
oath,  etc. 
1907,  560,  §  374. 


Town  officers, 
term  of  office, 
etc. 


Town  officers, 
oath  of  office. 
1907,  560,  §  375. 


Town  clerk  to 
notify  certain 
officers. 


To  appear  and 
take  oath 
within  seven 
days,  etc. 


Exemption 

from  liability 

to  hold  town 

office. 

1907,  560,  §  376. 


Depositing  of 
certain  ballots. 
1907,  560,  §  377. 


sealed  and  indorsed,  and  certified  in  the  manner  required 
by  section  three  hundred  and  four. 

SECTION  414.  A  person  who  is  elected  town  clerk,  if 
present  at  the  meeting,  shall  forthwith  be  sworn,  either 
by  the  moderator  or  by  a  justice  of  the  peace,  and  shall 
at  once  enter  upon  the  performance  of  his  duties.  Every 
town  officer  designated  by  name  in  section  four  hundred, 
unless  other  provision  is  specifically  made  by  law,  shall 
enter  upon  the  performance  of  his  duties  on  the  day  after 
his  election  or  as  soon  thereafter  as  he  is  qualified,  and  shall 
hold  office  during  the  term  fixed  by  law,  which  shall  begin 
on  the  day  after  the  annual  meeting,  and  until  another 
person  is  chosen  and  qualified  in  his  stead. 

SECTION  415.  Town  officers  designated  by  name  in  section 
four  hundred  shall,  before  entering  upon  their  official  duties, 
be  sworn  to  the  faithful  performance  thereof.  Such  oath 
may  be  administered  by  the  moderator  in  open  town  meet- 
ing, or  by  the  town  clerk.  The  town  clerk  shall  forthwith, 
after  the  election  or  appointment  of  town  officers  required 
to  take  an  oath  of  office,  make  a  list  of  the  names  of  all  such 
officers  not  sworn  by  him  or  by  the  moderator,  and  deliver 
it  with  his  warrant  to  a  constable  requiring  him  within  three 
days  to  summon  each  such  person  to  appear  and  take  the 
oath  of  office  within  seven  days  after  the  service  of  such 
summons  upon  him;  and  the  constable  shall  within  said 
seven  days  make  return  thereof  to  the  town  clerk.  Persons 
so  summoned,  unless  exempt  by  law  from  holding  the  office, 
shall  within  said  seven  days,  take  the  oath  of  office  before 
the  town  clerk  or  before  a  justice  of  the  peace,  and  file  a 
certificate  thereof  with  the  town  clerk. 

SECTION  416.  No  person  shall  be  required  to  serve  two 
terms  successively  in  the  same  town  office;  and  no  person 
shall  be  required  to  accept  the  office  of  constable  who  holds 
a  commission  as  an  officer  of  the  United  States  or  of  the  com- 
monwealth, who  is  a  member  of  the  council,  of  the  general 
court,  a  minister  of  the  gospel,  an  engineman,  a  member 
of  the  fire  department,  or  who  has  been  a  constable  or  collec- 
tor of  taxes  in  the  town  within  the  preceding  seven  years. 
No  person  shall  be  required  to  serve  in  the  office  of  highway 
surveyor  oftener  than  once  in  three  years. 

SECTION  417.  At  any  meeting  for  the  choice  of  town 
officers  in  a  town  not  using  official  ballots,  no  ballots  shall 
be  received  by  the  moderator  unless  presented  for  deposit 
in  the  ballot  box,  open  and  unfolded,  by  the  voter  in  person, 


ELECTION  OF  TOWN  OFFICERS.  139 

and  so  that  the  moderator  can  know  that  only  one  ballot 
is  presented.  No  moderator  or  other  election  officer  shall, 
before  the  polls  are  closed,  read  or  examine,  or  permit  to  be 
read  or  examined,  the  names  contained  upon  any  ballot. 

SECTION  418.  The  moderator  shall  receive  the  votes  of 
any  person  whose  name  is  on  the  voting  list,  or  who  presents 
a  proper  certificate  from  the  registrars  of  voters.  1907,  seo,  §  373. 

SECTION  419.     The  secretary  of  the  commonwealth  shall  5S£<£|r 
at  least  seven  days  before  the  annual  meeting  send  to  the  quwtjonof 

*  .  it!  granting  liquor 

town  clerk  of  each  town  not  using  official  ballots,  ballots  {jjf18^    379 

upon  the  question  of  granting  licenses  for  the  sale  of  intoxi- 

cating liquors  therein,  which  shall  contain  the  words:  "Shall 

licenses  be  granted  for  the  sale  of  intoxicating  liquors  in 

this    town?"     "Yes."     or    "No.",    and    no    other    words. 

Ballots  of  each  kind  shall  be  provided  in  number  equal 

at  least  to  the  number  of  registered  voters  in  such  town. 

They  shall  be  distributed  to  the  voters  at  the  polling  place  Distribution. 

under  the  direction  of  the  town  clerk. 

SECTION  420.     No  ballot  shall  be  received  from  any  woman  Ballots  for 

,  «  i         i  ...  i'ii  .    women  voting 

who  votes  for  school  committee  in  a  town  which  does  not  for  school 


use  official  ballots  unless  it  has  the  words  "For  School  Com- 
mittee  only",  on  the  back  thereof.  Such  ballots  shall  be 
counted  only  in  the  choice  of  members  of  the  school  com- 
mittee, and  for  no  other  office  or  purpose. 

SECTION  421.    Towns  divided  into  voting  precincts  may, 
for  their  annual  town  election,   establish  precinct  voting  cLct  votig" 
for  all  town  officers  to  be  chosen  thereat  and  for  voting  anrd  On  question 
on  the  question  of  granting  licenses  for  the  sale  of  intoxi-  5fq5Jn££LeS. 
eating  liquors,  by  accepting  the  provisions  of  this  section  }JJ£  gj;  §  38L 
at  a  meeting  called  for  the  purpose  and  held  fourteen  days 
at  least  before  the  annual  town  meeting.     The  acceptance  Acceptance 
of  the  said  provisions  may  be  revoked  by  the  town  at  a  meet-  revoked. 
ing  called  for  the  purpose  and  held  thirty  days  at  least  before 
the  annual  town  meeting;  and  if  so  revoked,  the  said  pro- 
visions shall  cease  to  be  in  force  therein.     In  towns  so  other^mauers 
voting,  or  which  have  accepted  the  corresponding  provisions  upon  at  a 
of  earlier  laws,  all  matters  to  be  considered  at  the  annual  SeetSg611 
town  meeting,  other  than  the  election  of  town  officers  and 
the  question  of  granting  licenses  for  the  sale  of  intoxicating 
liquors,  shall  be  in  order  only  at  a  town  meeting  held  within 
thirty  days  after  the  date  of  the  annual  election,  and  not 
later  than  the  thirtieth  day  of  April.     The  time  and  place  Time  md  place 
of  holding  such  subsequent  meeting  shall  be  stated  in  the  L 
warrant  for  the  annual  election,  and  said  election,  subsequent  lng>  etc> 


140  FAILURE  TO  ELECT,  ETC.,  IN  TOWN  OFFICES. 

meeting  and  its  adjournments  shall  be  regarded  as  parts  of 
the  annual  town  meeting.  The  election  of  a  moderator, 
except  in  towns  where  moderators  are  elected  for  the  term 
of  one  year,  shall  be  the  first  business  in  order  at  said  sub- 
secluent  meeting.  Towns  are  not  hereby  authorized  to  vote 
^  Precmc^s  a^  special  elections  of  town  officers. 

SECTION  422.    The  town  clerk  and  the  board  of  registrars, 
i907,r56o,e§C382    uP°n  receipt  of  the  returns  from  the  several  precincts,  shall 
forthwith  canvass  the  same  and  immediately  declare  the 
result  and  notify  the  persons  chosen  as  town  officers  as 
provided  in  section  four  hundred  and  fifteen. 


Proceedings  in  Cases  of  Failure  to  elect,  and  Vacancies  in  Town 

Offices. 

SECTION  423.     If  there  is  a  failure  at  an  election  to  choose 
oo    a  town  officer,  or  if  a  person  chosen  shall  not  accept  such 

s  ooo.  i     11 

office,  or  it  a  vacancy  shall  occur,  the  town  may,  at  any  legal 
meeting,  except  as  provided  in  section  four  hundred  and 
twenty-six,  elect  a  person  to  such  office. 

If*  at  an  election  of  town  officers  for  which  official  ballots 
are  used,  there  is  a  failure  to  elect  a  town  officer,  he  may  be 
elected  at  an  adjourned  or  succeeding  meeting;  and  ballots 
shall  be  prepared  and  furnished  for  such  meeting,  containing 
the  nominations  already  made  and  such  as  may  subsequently 
be  made  for  the  office. 

pr°owtempore,          SECTION  424.     If,  at  a  town  meeting,  there  is  a  vacancy 

iSX,  §  384.   m  *he  °ffice  °f  town  clerk,  or  if  he  is  absent,  the  meeting  shall 

elect  by  ballot  a  clerk  pro  tempore.    The  selectmen  shall 

receive  and  count  the  votes  and  declare  the  election  of  such 

cierk  to  be        clerk.     If,  in  case  of  a  vacancy,  other  duties  than  those 

appointed  in  -IP 

certain  cases,  required  of  a  town  clerk  at  a  town  meeting  are  to  be  per- 
formed, or  if  he  is  unable  to  perform  such  duties,  the  select- 
men may  in  writing  under  their  hands  appoint  a  clerk  for 
the  performance  thereof,  who  shall  be  sworn  and  shall, 
in  the  performance  of  such  duties,  have  the  same  powers 
and  be  subject  to  the  same  requirements  and  penalties  as 
the  town  clerk,  and  he  shall  immediately  make  a  record 
of  his  election  or  appointment. 

SECTION  425.     A  person  chosen  constable  at  a  town  meet- 

1907, 560,  §  sss.  mg  shall,  if  present,  forthwith  declare  his  acceptance  or 
refusal  of  his  office.  If  he  does  not  accept  the  office,  the 
town  shall,  if  official  ballots  are  not  used,  elect  another  person 


etc. 


FAILURE  TO  ELECT,  ETC.,  IN  TOWN  OFFICES.  141 

to  the  office,  and  continue  so  to  elect  until  some  person 
accepts  the  office  and  is  sworn. 

SECTION  426.     If  the  assessors  of  a  town,  or  the  select-  Assessors  may 
men  acting  as  such,  shall  in  any  year  fail  to  perform  their  i^S2lntec 
duties,   the   county   commissioners   may  appoint  three  or  igo^'stxu  386. 
more  inhabitants  of  the  county  to  be  assessors  for  such  town, 
who  shall  be  sworn,  shall  hold  office  until  the  offices  of 
assessors  are  filled  by  the  town,  and  shall  receive  from  the 
town  the  compensation  of  assessors. 

SECTION  427.    If  the  office  of  treasurer  or  collector  of 
taxes  is  vacant,  or  if  the  treasurer  or  collector  is  unable 

/»  1     •  1  •  1  1  •••  •  o,  ,  of. 

to  perform  his  duties,  the  selectmen  may  in  writing  appoint 

a  treasurer  or  collector  pro  tempore,  who  shall  be  sworn, 

give  bond  in  like  manner  as  the  treasurer  or  collector  chosen 

by  the  town,  and  hold  such  office  until  another  is  chosen 

by  the  town  and  qualified  or  the  disability  is  removed.     If  a  TO  give  bond, 

treasurer  or  collector  does  not,  within  ten  days  after  his  e 

election   or   appointment,   give  bond,   the   selectmen   may 

declare  the  office  vacant  and  appoint  another  in  his  place. 

SECTION  428.     If  the  office  of  an  auditor  in  a  town  is  Auditor,  ap- 
vacant,  the  remaining  auditors,  if  any,  may  perform  the  So?,  SMI  ass. 
duties  thereof  and  may  appoint  a  person  to  aid  them.     If 
there  is  no  remaining  auditor,  the  selectmen  shall  appoint 
an  auditor  to  serve  until  another  is  chosen  and  qualified. 

SECTION  429.     If  there  is  a  failure  to  elect,  or  if  a  vacancy  GJ**^ 
occurs  in  any  town  office,  other  than  the  offices  of  selectmen,  appointment, 
town  clerk,  assessor,  treasurer,  collector  of  taxes  or  auditor,  i907?5&o,e§C389. 
the  selectmen  shall  in  writing  appoint  a  person  to  fill  such 
vacancy.     If  there  is  a  vacancy  in  a  board  consisting  of  two 
or  more  members,  the  remaining  members  shall  give  notice 
thereof  in  writing  to  the  selectmen,  who,  with  the  remaining 
member  or  members  of  such  board  shall,  after  one  week's 
notice,  fill  such  vacancy  by  ballot.     A  majority  of  the  ballots 
of  the  officers  entitled  to  vote  shall  be  necessary  to  such 
election.    The  person  so  appointed  or  elected  shall  perform 
the  duties  of  the  office  until  the  next  annual  meeting  or 
until  another  is  chosen  and  qualified. 

SECTION  430.     If  a  person  removes  from  a  town,  he  shall  SSvaHrom 
thereby  vacate  any  town  office  held  by  him.  i907n'56o  §  390 

SECTION  431.    The  proceedings  in  an  election  held  by  Proceedings  at 
reason  of  a  previous  failure  to  elect,  or  to  fill  a  vacancy,  and  3X1M. 
the  qualifications  of  a  person  to  be  elected  or  appointed,  1907>  56°-  $ 391- 
shall  be  the  same  as  in  an  original  election. 


142 


PENALTIES  UPON  OFFICERS. 


Town  may  vote 
to  use  official 
ballots,  etc. 
1907,  550,  §  392. 


Nominations, 
elections,  etc. 


Number  and 
terms  of  office. 
1907,  560,  §  393. 


Change  in 
officers  to  be 
chosen  by 
ballot,  etc. 


Town  Elections  at  which  Official  Ballots  are  used. 

SECTION  432.  A  town  may,  at  a  meeting  called  for  the 
purpose,  vote  that  official  ballots  shall  thereafter  be  used 
therein;  and  may,  at  the  annual  town' meeting  or  at  a  meet- 
ing so  called  and  held  at  least  thirty  days  before  the  annual 
town  meeting,  by  a  two  thirds  vote  rescind  such  action. 
In  town  elections  at  which  official  ballots  are  used,  nomina- 
tions for  town  officers  elected  by  ballot  shall  be  made,  ballots 
and  other  apparatus  therefor  provided,  and  elections  of 
such  officers  conducted,  in  accordance  with  the  provisions 
of  this  act  so  far  as  applicable. 

SECTION  433.  If  a  town  votes  that  official  ballots  shall 
be  used  for  the  election  of  town  officers,  it  shall  at  the  same 
meeting  determine  what  officers  in  addition  to  those  required 
to  be  so  elected  shall  thereafter  be  so  chosen,  and  determine 
the  number  and  terms  of  office,  if  not  already  fixed.  No 
change  shall  thereafter  be  made  in  the  officers  to  be  chosen 
by  ballot  or  in  the  number  or  terms  of  office  thereof,  except 
at  a  meeting  held  at  least  thirty  days  before  the  annual 
meeting  at  which  such  change  is  to  become  operative. 


Penalties  on 
assessor  and 
assistant 


On  registrar 


PART    VI. 
Penalties  upon  Officers. 

SECTION  434.     An    assessor    or    assistant    assessor    who 
knowingly  enters  on  any  list  of  assessed  polls,  or  causes  or 

1907,  560,  §  394.  allows  to  be  entered  thereon,  the  name  of  any  person  as 
a  resident  of  a  building,  who  is  not  a  resident  thereof,  shall 
for  each  offence  be  punished  by  imprisonment  for  not  more 
than  six  months. 

SECTION  435.    A    registrar    or    assistant    registrar    who 

1907? So',  §  395.  refuses  or  wilfully  neglects  to  require,  under  section  forty- 
seven,  an  applicant  for  registration  to  read  the  five  lines 
from  the  constitution  of  the  commonwealth  in  such  manner 
as  to  show  that  he  is  neither  prompted  nor  reciting  from 
memory,  or  to  write  his  name  in  the  register,  unless  he  is 
prevented  by  physical  disability  from  so  doing,  or  unless  he 
had  the  right  to  vote  on  the  first  day  of  May  in  the  year 
eighteen  hundred  and  fifty-seven,  or  distinctly  to  announce 
the  name  of  an  applicant  for  registration  before  entering 
his  name  upon  the  register,  or  who  knowingly  prevents  or 
seeks  to  prevent  the  registration  of  any  legal  voter,  or  who 
knowingly  registers  the  name  of  any  person  not  qualified 


PENALTIES  UPON  OFFICERS.  143 

to  vote,  or  who  is  guilty  of  any  fraud  or  corrupt  conduct 
in  the  execution  of  the  duties  of  his  office,  shall  be  punished 
by  imprisonment  for  not  more  than  six  months. 

SECTION  436.     A  member  of  the  listing  board  or  a  police  On  member  of 
officer  in  Boston  who  knowingly  enters  on  any  list  of  male  or^Suce^fficer 
persons  or  women  voters,  or  causes,  or  allows  to  be  entered  i^lSu  396. 
thereon,  the  name  of  any  person  as  a  resident  of  a  building, 
who  is  not  a  resident  thereof,  shall  for  each  offence  be  pun- 
ished by  imprisonment  for  not  more  than  one  year. 

SECTION  437.     A  member  of  the  listing  board  or  a  police  Same  subject, 
officer  in  Boston  upon  whom  a  duty  is  imposed  by  this  act,  1907,  seo,  §  397. 
who  refuses  or  wilfully  neglects  or  wilfully  fails  to  perform 
such  duty,  or  who  wilfully  performs  it  contrary  to  law, 
shall  for  each  offence,  if  no    other   penalty  is   specifically 
imposed  therefor,   be  punished  by  imprisonment  for  not 
more  than  one  year. 

SECTION  438.     An  officer  of  a  primary,  caucus  or  conven-  On  officer  of  a 
tion  who  knowingly  makes  any  false  count  of  ballots  or  ^"SSveiSn!18 
votes,  or  makes  a  false  statement  or  declaration  of  the  result  I907>  560>  §  398- 
of  a  ballot  or  vote,  or  knowingly  refuses  to  receive  any 
ballot  offered  by  a  person  qualified  to  vote  at  such  primary, 
caucus  or  convention,  or  wilfully  alters,  defaces  or  destroys 
any  ballots  cast,  or  voting  lists  used  thereat,  before  the 
requirements  of  this  act  have  been  complied  with,  or  declines 
or  wilfully  fails  to  receive  any  written  request  made  as 
therein  required,  or  declines  or  wilfully  fails  to  perform  any 
duty  or  obligation  imposed  thereby  shall  be  punished  by 
imprisonment  for  not  more  than  three  months. 

Any  such  presiding  officer,  secretary  or  clerk  of  a  caucus  On  caucus 
who  wilfully  neglects  or  refuses  to  comply  with  the  require- 
ments  of  section  one  hundred  and  fifty-five  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars  for  each  offence. 

SECTION  439.     A  caucus  officer  who  violates  any  of  the  On  caucug 
provisions  of  section  one  hundred  and  forty-six  shall  be  pro^sio^of11^ 
punished  by  imprisonment  for  not  more  than  one  year.      iSo7?56o,4§'399. 

SECTION  440.     A  supervisor  appointed  under  section  two  qn  supervisor 
hundred  and  forty,  violating  any  provision  thereof,  shall  visions^ pr< 
be  punished  by  imprisonment  for  not  more  than  one  year.  ^Teo^Hoo. 

SECTION  441.     An  election  officer  who,  before  the  public  on  election 
declaration  of  the  vote  at  an  election,  makes  any  statement  i907?560,  §  401. 
of  the  number  of  ballots  cast,  of  the  number  of  votes  given 
for  any  person,  of  the  name  of  any  person  who  has  voted, 
of  the  name  of  any  person  which  has  not  been  voted  on, 
or  of  any  other  fact  tending  to  show  the  state  of  the  polls 


144 


PENALTIES  UPON  OFFICERS. 


On  presiding 

officer. 

1907,  560,  §  402. 


On  officer 

recounting 

ballots. 

1907,  560,  §  403. 


On  presiding 
officer  at  town 
election. 
1907,  560,  §  404. 


On  primary  or 
election  officer. 
1907,  560,  §  405. 


On  city  or 
town  clerk  or 
election 
commissioner. 
1907,  560,  §  406. 


On  city  or 
town  clerk  or 
election  com- 
missioner. 
1907,  560,  §  407. 


shall  be  punished  by  imprisonment  for  not  more  than  thirty 
days. 

SECTION  442.  A  presiding  officer  at  a  caucus,  primary 
or  state  or  city  election,  or  at  an  election  in  a  town  at  which 
official  ballots  are  used,  who,  when  the  right  of  a  person 
offering  to  vote  is  challenged  for  any  legal  cause,  wilfully 
or  negligently  fails  to  require  the  name  and  residence  of  such 
person  to  be  written  upon  the  ballot  offered  by  him,  and  to 
add  thereto  the  name  of  the  person  challenging  and  the 
assigned  cause,  before  such  ballot  is  received,  shall  be  pun- 
ished by  imprisonment  for  not  more  than  one  year. 

SECTION  443.  A  primary,  election  or  other  officer  whose 
duty  it  is  to  recount  the  ballots  cast  at  a  primary  or  election, 
who  makes  any  statement  or  gives  any  information  in 
regard  to  a  ballot  cast  by  a  voter  challenged  at  such  primary 
or  election,  except  as  required  by  law,  shall  be  punished 
by  imprisonment  for  not  more  than  one  year. 

SECTION  444.  A  presiding  officer  who,  at  a  town  election 
at  which  official  ballots  are  not  used,  before  the  polls  are 
closed  and  without  the  consent  of  a  voter,  reads  or  examines 
or  permits  to  be  read  or  examined,  the  names  written  or 
printed  on  the  ballot  of  such  voter,  in  order  to  ascertain 
the  persons  voted  for  by  him,  shall  be  punished  by  imprison- 
ment for  not  more  than  thirty  days. 

SECTION  445.  A  primary  or  election  officer  who  wilfully 
or  negligently  violates  any  provision  relating  to  the  enclosing 
in  envelopes,  sealing,  indorsing  and  delivering  or  transmitting 
of  ballots  and  voting  lists,  after  the  votes  have  been  counted 
and  recorded,  shall  be  punished  by  imprisonment  for  not 
more  than  one  year. 

SECTION  446.  A  city  or  town  clerk  or  an  election  com- 
missioner who  examines  or  permits  to  be  examined,  except 
as  required  by  law,  ballots  cast  at  an  election  which  are 
received  and  retained  by  him  under  section  three  hundred 
and  six,  shall  be  punished  by  a  fine  of  not  more  than  two 
hundred  dollars. 

SECTION  447.  A  city  or  town  clerk  or  an  election  commis- 
sioner who  fails  to  make  a  record  of  votes  cast  at  an  election 
and  to  make  and  transmit  copies  of  any  such  record,  as 
required  by  this  act,  shall  be  punished  by  a  fine  of  not  more 
than  two  hundred  dollars;  but  if  a  copy  of  the  records  is 
deposited  in  the  post  office  within  the  time  fixed  for  trans- 
mission or  delivery,  postpaid  and  properly  addressed,  it 
shall  be  a  bar  to  any  complaint  for  delinquency. 


PENALTIES  UPON  VOTERS.  145 

SECTION  448.     A  city  or  town  clerk,  precinct  clerk  or  On  city  or  town 
election  commissioner  who  wilfully  signs  a  certificate  not  ciefk'o?recmct 
in  accordance  with  the  result  of  an  election  as  appearing  by  mSo?e?°m~ 
the  records  and  copies  of  records  of  votes  cast,  or  by  a  recount  1907>  560' §  408> 
of  votes,  shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  449.    A  selectman  who  wilfully  gives  a  certificate  On  selectman. 

*      1       .«  i    e  ,•  1907,  560,  §  409. 

of  election  to  a  person  voted  tor  as  representative  in  the 
general  court,  which  is  not  in  accordance  with  the  declaration 
of  the  vote  in  open  town  meeting  at  the  time  of  the  election, 
or  not  in  accordance  with  a  recount  of  votes,  shall  be  pun- 
ished by  imprisonment  for  not  more  than  one  year. 

SECTION  450.    A  public  officer,  primary,  caucus  or  elec-  On  a  public 
tion  officer,  or  officer  or  member  of  a  political  committee  cauS  o"m 


or  convention,  upon  whom  a  duty  is  imposed  by  law,  who 

refuses  or  wilfully  neglects  or  wilfully  fails  to  perform  such 

duty,  or  who  wilfully  performs  it  contrary  to  law,  shall  for  ™_ 

each  offence,  if  no  other  penalty  is  herein  specifically  imposed  1907.  ^ 

therefor,  be  punished  by  a  fine  of  not  less  than  five  nor  more 

than  one  thousand  dollars,  or  by  imprisonment  for  not  more 

than  one  year,  or  by  both  such  fine  and  imprisonment. 

A  primary  or  election  officer  in  the  city  of  Boston  who  On  a  primary 

i  •    •   i  •.  •  i      •       ,  i  •    i     ,•  p  •   •  or  election 

knowingly  permits  or  aids  in  the  violation  or  any  provisions  officer  in 
of  law  relating  to  registration,  primaries  or  elections,  shall 
be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  three  years  or  in  the  house  of  correction  for  not 
less  than  six  months. 

Penalties  upon  Voters. 

SECTION  451.    Whoever  at  a  primary  or  caucus  votes  For  illegally 
or  attempts  to  vote,  knowing  that  he  is  not  entitled  so  to  Attempting  to 
do,  or  votes  or  attempts  to  vote  upon  any  name  other  than  afstinguSng 
his  own,  or  more  than  once  on  his  own  name,  or  casts  or  ™£rkt°n  bal" 
attempts  to  cast  more  than  one  ballot,  or  places  any  dis-  1907«  5®>  § 411 
tinguishing  mark  upon  a  ballot,  or  makes  a  false  statement 
as  to  his  ability  to  mark  his  ballot,  or  unlawfully  allows  the  untawSity 
marking  of  his  ballot  to  be  seen  by  any  person,  or  gives  a  fng  ofIrS 
false  answer  to,  or  makes  a  false  oath  before,  a  presiding  ^isfln' 
officer,   shall  be  punished  by  imprisonment  for  not  more  °roath- 
than  six  months. 

SECTION  452.     A  voter  who  violates  any  of  the  provisions  For  violating 
of  section  one  hundred  and  forty-six  shall  be  punished  by  SSSSTSc. 

,    £  1907,  560,  §  412 

imprisonment  for  not  more  than  one  year. 


146 


GENERAL  PENALTIES. 


For  placing 
distinguishing 
mark  upon 
ballot. 

1907,  560,  §  413. 
For  making 
false  statement, 
or  unlawfully 
allowing  ballot 
to  be  seen. 
1907,  560,  §  414. 


For  illegally 
voting  or 
attempting  to 
vote,  etc. 
1907,  560,  §  415. 


For  aiding 
or  abetting. 


For  giving 
false  answer. 
1907,  560,  §  416. 


SECTION  453.  A  voter  who,  at  a  primary  or  election, 
places  any  distinguishing  mark  upon  his  ballot  shall  be 
punished  by  imprisonment  for  not  more  than  six  months. 

SECTION  454.  A  voter  who  makes  a  false  statement  as 
to  his  inability  to  mark  a  ballot,  or  who,  except  for  the 
purpose  of  obtaining  assistance  under  section  two  hundred 
and  ninety-four,  allows  his  ballot  to  be  seen  by  any  person 
with  an  intention  of  indicating  how  he  is  about  to  vote  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars. 

SECTION  455.  Whoever  at  a  primary  or  election,  knowing 
that  he  is  not  a  qualified  voter  in  the  place  where  he  votes 
or  attempts  to  vote,  wilfully  votes  or  attempts  to  vote 
thereat;  whoever  at  a  primary  or  election  votes  or  attempts 
to  vote  more  than  once  on  his  own  name,  his  name  having 
been  registered  more  than  once;  whoever  at  a  primary  or 
election  votes  or  attempts  to  vote  in  more  than  one  voting 
precinct  or  town,  his  name  having  been  registered  in  more 
than  one  voting  precinct  or  town;  whoever  at  a  primary  or 
election  votes  or  attempts  to  vote  on  any  name  other  than 
his  own,  or  knowingly  casts  or  attempts  to  cast  more  than 
one  ballot  at  one  time  of  balloting;  whoever  at  a  primary 
or  election  votes  or  attempts  to  vote  otherwise  illegally; 
or  whoever  aids  or  abets  any  other  person  in  doing  any  of 
the  acts  above  mentioned,  shall  be  punished  by  imprison- 
ment for  not  more  than  one  year. 

SECTION  456.  Whoever  at  a  primary  or  election  wilfully 
gives  a  false  answer  to  a  presiding  officer  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars. 


For  refusing  to 
give  true  name 
or  information. 
1907,  560,  §  417. 


For  refusing  to 
give  true  name 
or  information 
in  Boston. 
1907,  550,  §  418. 


General  Penalties. 

SECTION  457.  Whoever,  being  an  inmate  of  a  building 
and  liable  to  be  assessed  for  a  poll  tax,  refuses  or  neglects 
to  give  his  true  name  when  asked  by  an  assessor  or  assistant 
assessor,  or  whoever,  being  an  owner  or  occupant  of  a  build- 
ing, refuses  or  neglects  to  give  the  full  and  true  information 
within  his  knowledge  relating  to  all  persons  residing  in  such 
building,  when  asked  by  an  assessor  or  assistant  assessor, 
shall  be  punished  by  imprisonment  for  not  more  than  three 
months. 

SECTION  458.  Whoever  in  Boston,  being  an  inmate 
of  a  building  and  a  male  resident  twenty  years  of  age  or 
upward,  refuses  or  neglects  to  give  his  true  name,  when 
asked  by  a  member  of  the  listing  board  or  a  police  officer 


GENERAL  PENALTIES.  147 

acting  under  this  act,  or  whoever,  being  an  owner  or  occupant 
of  a  building,  or  a  clerk,  superintendent,  manager  or  other 
person  having  in  charge  the  affairs  of  a  hotel  or  lodging 
house,  refuses  or  neglects  to  give  the  full  and  true  informa- 
tion within  his  knowledge  relating  to  all  persons  residing 
in  such  building,  when  asked  by  a  member  of  the  listing 
board  or  a  police  officer  acting  under  this  act,  shall  be  pun- 
ished by  imprisonment  for  not  more  than  three  months. 

SECTION  459.     Whoever  knowingly  gives  to  an  assessor  Forgiving 
or  assistant  assessor,  for  the  purpose  of  the  assessment  of  Sentf.  n°Q" 
a  poll  tax,  or  in  Boston  to  a  member  of  the  listing  board  or  19°7-  56°-  §  419- 
a  police  officer,  for  the  purpose  of  making  a  list  of  male 
residents  twenty  years  of  age  or  upwards  or  women  voters, 
the  name  of  any  person  as  a  resident  of  a  building,  who  is 
not  a  resident  therein,  shall  be  punished  by  imprisonment 
for  not  more  than  one  year. 

SECTION  460.     Whoever  knowingly  or  wilfully  makes  a 
false  affidavit,  takes  a  false  oath  or  signs  a  false  certificate  - 
relative  to  the  qualifications  of  any  person  for  assessment  1907'  560f  *  42°- 
or  registration,  or  in  Boston  for  being  listed  or  given  a  certifi- 
cate by  the  listing  board,  shall  be  punished  by  imprisonment 
for  not  more  than  one  year. 

SECTION  461.     Whoever  in  Boston  aids  or  abets  a  person  For  aiding 
in  knowingly  or  wilfully  making  a  false  affidavit,  taking  a  Slatton5' 
false  oath  or  signing  a  false  certificate,  relative  to  the  qualifi-  1907>  560>  §  42L 
cations  of  any  person  for  being  listed  as  a  resident  thereof 
or  given  a  certificate  of  such  residence  by  the  listing  board, 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year. 

SECTION  462.    Whoever    causes    or    attempts    to    cause  For  illegally 
his  name  to  be  registered,  knowing  that  he  is  not  a  qualified  SKe  represen- 
voter  in  the  place  of  such  registration  or  attempted  registra-  etc!°n'  an 
tion;  whoever  registers  or  attempts  to  register  under  a  name  1907>  560>  §  422- 
other   than   his   own;  whoever   represents   or   attempts   to 
represent  himself  as  some  other  person  to  any  election  com- 
missioner,   registrar   or   assistant   registrar;  whoever   gives 
a  false  answer  to  any  election  commissioner,  registrar  or 
assistant   registrar   respecting   any   matter   relating  to   his 
registration  or  his  right  to  vote;  whoever  otherwise  illegally 
registers  or  attempts  to  register;  or  whoever  aids  or  abets 
any  other  person  in  doing  any  of  the  acts  above  mentioned, 
shall  be  punished  by  imprisonment  for  not  more  than  one  year. 

SECTION  463.     Whoever  refuses  to  obey  the  lawful  orders  For  disorderly 
or  directions  of  an  election  commissioner,   a  registrar  or 


1907,  560,  §  423. 


148 


GENERAL  PENALTIES. 


For  interfering 
with  supervisor 
of  registration. 
1907,  560,  §  424. 


For  defacing  or 

removing 

notice,  voting 

list,  warrant, 

etc. 

1907,  560,  §  425. 


For  aiding,  etc., 
persons  in 
illegal  voting, 
interference 
with  voter,  etc. 
1907,  560,  §  426. 


For  altering 
ballot  cast  at  a 
primary  or 
caucus,  illegally 
depositing  or 
removing  bal- 
lot, etc. 
1907,  560,  §  427. 


For  falsely 
making,  filing, 
suppressing, 
defacing,  etc., 
certificate, 
nomination 
paper  or  letter. 
1907,  560,  §  428. 


On  magistrate 
taking  oath  of 
signer  to 
nomination 


,  §  429. 


assistant  registrar,  or  interrupts  or  disturbs  the  proceedings 
at  any  registration  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 

SECTION  464.  Whoever  interferes  with,  or  aids  or  abets 
any  person  in  interfering  with,  any  supervisor  of  registration 
in  the  performance  of  his  duty,  shall  be  punished  by  imprison- 
ment for  not  more  than  one  year. 

SECTION  465.  Whoever  wilfully  defaces  or  removes  a 
notice  relating  to  the  registration  of  voters,  or  a  voting  list 
or  notice  or  warrant  for  a  primary  or  election  posted  in  a 
city  or  town  shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  466.  Whoever  aids  or  abets  a  person,  who  is 
not  entitled  to  vote,  in  voting  or  attempting  to  vote  at  a 
primary  or  caucus,  or  in  voting  or  attempting  to  vote  under 
a  name  other  than  his  own,  or  in  casting  or  attempting  to 
cast  more  than  one  ballot,  or  wilfully  and  without  lawful 
authority  hinders,  delays  or  interferes  with,  or  aids  in  hin- 
dering, delaying  or  interfering  with,  a  voter  while  on  his 
way  to  a  primary  or  caucus,  while  marking  his  ballot  or  while 
voting  or  attempting  to  vote,  or  endeavors  to  induce  a  voter 
to  show  his  ballot,  shall  be  punished  by  imprisonment  for 
not  more  than  one  year. 

SECTION  467.  W7hoever  alters  a  ballot  cast  at  a  primary 
or  caucus  or,  not  being  authorized  thereto,  deposits  a  ballot 
in  a  ballot  box  or  envelope  used  at  a  primary  or  caucus,  or 
removes  a  ballot  from  such  ballot  box  or  envelope,  shall  be 
punished  by  imprisonment  in  jail  for  not  more  than  three 
years. 

SECTION  468.  Whoever  falsely  makes  or  wilfully  alters, 
defaces,  mutilates,  destroys  or  suppresses  a  certificate  of 
nomination  or  nomination  paper,  or  letter  of  withdrawal 
of  a  name  from  such  paper,  or  unlawfully  signs  any  such 
certificate,  paper  or  letter,  or  files  any  such  certificate, 
paper  or  letter,  knowing  the  same  to  be  falsely  made  or 
altered,  shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  469.  Whoever  as  a  notary  public,  justice  of 
the  peace  or  other  magistrate  takes  the  oath  of  a  signer 
to  a  nomination  paper  without  satisfying  himself  that  the 
person  to  whom  the  oath  is  administered  is  the  signer  of 
such  nomination  paper,  or  who  shall  fail  to  state  in  his 
attestation  of  such  oath  that  he  is  so  satisfied,  shall  be 


GENERAL  PENALTIES.  149 

punished  by  a  fine  of  not  less  than  ten  or  more  than  fifty 
dollars. 

SECTION  470.  Whoever  intentionally  writes,  prints,  posts  For  writing, 
or  distributes,  or  causes  to  be  written,  printed,  posted  or 
distributed,  a  circular  or  poster  which  is  designed  or  tends 
to  injure  or  defeat  any  candidate  for  nomination  or  election 
to  any  public  office,  by  criticising  his  personal  character  or  WIM/JJ. 
political  action,  or  which  is  designed  or  tends  to  aid,  injure, 
or  defeat  a  constitutional  amendment  or  any  other  question 
submitted  to  the  voters,  unless  there  appears  upon  such 
circular  or  poster  in  a  conspicuous  place  either  the  names  of 
the  chairman  and  secretary,  or  of  two  officers  of  the  political 
or  other  organization  issuing  the  same,  or  of  some  voter 
who  is  responsible  therefor,  with  his  name  and  residence, 
and  the  street  and  number  thereof,  if  any,  shall  be  punished 
by  imprisonment  for  not  more  than  six  months. 

SECTION  471.    Whoever  wilfully  obstructs  or  interferes  For  obstructing 
with  the  transmission  of  ballots  or  returns  to  or  from  a 
polling  place  shall  be  punished  by  imprisonment  for  not 
more  than  one  year.  190?' sob,  §  431. 

SECTION  472.    Whoever    posts,    exhibits,    circulates    or  For  posting, 
distributes  any  poster,  card,  handbill,  placard,  picture  or  etc. "certain* 
circular,  except  a  paster  to  be  placed  upon  the  official  ballot,  S?"™'  ^ 
intended  to  influence  the  action  of  a  voter,  in  the  polling  1907f  560>  §  432> 
place,  in  the  building  in  which  the  polling  place  is  located 
or  on  the  walls  thereof,  on  the  premises  on  which  the  building 
stands,  or  on  the  sidewalk  adjoining  said  premises,  or  within 
one  hundred  and  fifty  feet  of  the- entrance  to  such  polling 
place,  shall  be  punished  by  a  fine  of  not  more  than  twenty 
dollars. 

SECTION  473.    Whoever   wilfully,  or   maliciously   injures  ^"^^ 
or  destrovs  a  ballot  box  or  anv  of  the  blank  forms  or  apparatus  ballot  box 

c  •  i  •  iiJJ    blanks  or 

furnished  to  a  city  or  town  under  sections  two  hundred  and  apparatus. 
forty-three  and  two  hundred  and  forty-four,  shall  be  punished 
by  imprisonment  for  not  more  than  one  year. 

SECTION  474.    Any  person  who  shall  tamper  with  or  injure  Jjhteinffr&8 
or  attempt  to  injure  anv  voting  machine  or  ballot  box  to  etc.,'yotmg 

_•*•-.  ..*•  t         •  i  in  j.   machine  or 

be  used  or  being  used  in  an  election,  or  who  shall  prevent  baiiotbox. 

or  attempt  to  prevent  the  correct  operation  of  such  machine 

or  box,  or  any  unauthorized  person  who  shall  make  or  have 

in  his  possession  a  key  to  a  voting  machine  or  ballot  box 

to  be  used  or  being  used  in  an  election,  shall  be  guilty  of  a  TO  be  guilty 

felony  and  shall  be  punished  by  a  fine  of  not  less  than  one  oi 


150 


GENERAL  PENALTIES. 


For  refusal, 
etc.,  to  comply 
with  regula- 
tions relative 
to  receiving, 
counting  or 
returning 
votes,  etc. 
1907,  560,  §  434. 


For  interfering 
with  certain 
officers  in  the 
performance  of 
their  duties. 
1907,  560,  §  435. 


For  hindering, 
molesting,  etc., 
supervisor  of 
elections. 
1907,  560,  §  436. 


For  printing 
or  distributing 
ballots  in 
violation  of 
section  410. 
1907,  560, 
§  437. 

For  defacing, 
destroying, 
etc.,  lists, 
cards,  ballots, 
supplies,  etc. 
1907,  560, 
§  438. 


For  forging 
indorsement, 
destroying, 
etc.,  or  delay- 
ing delivery 
of  ballots. 
1907,  560, 
§  439. 

For  obstruct- 
ing or  delaying 
voter. 
1907,  560, 
§  440. 


hundred  dollars  or  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  state  prison  for  not  less  than  one  year 
or  more  than  five  years,  or  by  both  such  fine  and  imprison- 
ment. 

SECTION  475.  Whoever  refuses  or  wilfully  neglects  to 
comply  with  any  regulation  made  by  the  election  commis- 
sioners, aldermen  or  selectmen  relative  to  the  manner  of 
receiving,  counting  and  returning  votes  cast  at  a  primary 
or  election,  or  relative  to  the  use  of  seals  and  ballot  boxes, 
shall  be  punished  by  imprisonment  for  not  more  than  six 
months. 

SECTION  476.  Whoever  interferes,  or  aids  or  abets  any 
person  in  interfering  with  an  election  commissioner,  city 
or  town  clerk,  or  election  officer,  in  the  performance  of  his 
duties  shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  477.  WThoever  prevents  a  supervisor  of  elections 
from  doing  any  of  the  acts  authorized  by  section  two  hundred 
and  forty  of  this  act,  or  hinders  or  molests  him  in  doing 
any  such  acts,  or  aids  or  abets  in  preventing,  hindering  or 
molesting  him  in  doing  any  of  such  acts,  shall  be  punished 
by  imprisonment  for  not  more  than  one  year. 

SECTION  478.  Whoever  prints  or  distributes  a  ballot 
for  use  in  the  election  of  moderator  at  a  town  meeting  in 
violation  of  section  four  hundred  and  ten,  shall  be  punished 
by  imprisonment  for  not  more  than  sixty  days. 

SECTION  479.  Whoever,  before  a  primary  or  election, 
wilfully  defaces  or  destroys  any  list  of  candidates  posted 
under  the  provisions  of  this  act,  or,  during  a  primary,  caucus 
or  election,  wilfully  defaces,  tears  down,  removes  or  destroys 
any  card  of  instruction  or  specimen  ballot  posted  for  the 
instruction  of  voters,  or  during  a  primary,  caucus  or  election, 
wilfully  removes  or  destroys  any  of  the  supplies  or  con- 
veniences furnished  to  enable  a  voter  to  prepare  his  ballot, 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars. 

SECTION  480.  Whoever  forges  or  falsely  makes  the  official 
indorsement  on  any  ballot,  or  wilfully  destroys  or  defaces 
a  ballot,  or  wilfully  delays  the  delivery  of  any  ballots,  shall 
be  punished  by  imprisonment  for  not  more  than  one  year. 

SECTION  481.  Whoever  wilfully  and  without  lawful 
authority  obstructs  or  delays  a  voter  while  on  his  way  to 
the  polling  place  where  he  is  entitled  to  vote  or  while  he  is 
voting  or  attempting  to  vote,  or  aids  or  assists  in  any  such 


GENERAL  PENALTIES.  151 

obstruction  or  delay,  shall  be  punished  by  imprisonment 
for  not  more  than  one  year. 

SECTION  482.     Whoever  interferes  or  attempts  to  inter- 
fere  with  a  voter  while  he  is  marking  his  ballot  or  is  within 
the  space  enclosed  by  the  guard  rail,  or  endeavors  to  induce  i907^°56o,ballot' 
a  voter,  before  he  has  voted,  to  show  how  he  marks  or  has  §  44L 
marked  his  ballot,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 

SECTION  483.     Whoever    wilfully    obstructs    the    voting  Forobstruct- 
at  a  primary  or  election  shall  be  punished  by  a  fine  of  not  1007^  seol8' 
more  than  one  hundred  dollars. 

SECTION  484.     Whoever  aids  or  abets  a  person  who  is  For  aiding  or 

i«  /»     i    .  .  ,,..  .  abetting  in 

not  qualified  to  vote  at  a  primary  or  election  in  voting  or  illegal  voting. 
attempting  to  vote,  or  aids  or  abets  a  person  in  voting  or  His0601 
attempting  to  vote  under  a  name  other  than  his  own,  or  in 
casting  or  attempting  to  cast  more  than  one  ballot  at  one 
time  of  balloting,  shall  be  punished  by  imprisonment  for 
not  more  than  one  year. 

SECTION  485.     Whoever  places  a  mark  against  a  name  £jl^arking 
on  a  ballot  not  cast  by  himself,  or  places  a  distinguishing  contrary  to 
mark  on  a  ballot  not  cast  by  himself,  except  as  authorized  1907, 560, 
by  law,  shall  be  punished  by  imprisonment  in  jail  for  not  §  444- 
more  than  three  years. 

SECTION  486.    Whoever,  with  intent  to  defraud,  alters  For  altering, 
a  ballot  cast  at  a  primary  or  election;  or,  with  such  intent, 
deposits  a  ballot  in  the  ballot  box  used  at  a  primary  or  elec- 
tion,  or  in  an  envelope  provided  by  law  for  the  preservation 
of  ballots  cast  at  a  primary  or  election ;  or,  with  such  intent,  5  445- 
removes  a  ballot  from  any  such  ballot  box  or  envelope,  shall 
be  punished  by  imprisonment  in  jail  for  not  more  than  three 
years. 

SECTION  487.    Whoever  removes  a  ballot  from  the  space 
enclosed  by  the   guard  rail   before  the  close  of  the  polls  enclosed  space, 
shall  be  punished  by  imprisonment  for  not  more  than  one  }  4&    ' 
year. 

SECTION  488.     An    owner,    superintendent    or    overseer  For  employ- 
in  any  manufacturing,  mechanical  or  mercantile   establish-  oartain  penoui 
ment,  who  employs  or  permits  to  be  employed  therein  any  ££*•  election. 
person  entitled  to  vote  at  a  state  election,  during  the  period  j9^.560' 
of  two  hours  after  the  opening  of  the  polls  in  the  voting 
precinct  or  town  in  which  such  person  is  entitled  to  vote, 
if  he  shall  make  application  for  leave  of  absence  during  such 
period,  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars. 


152 


GENERAL  PENALTIES. 


For  attempt- 
ing to 

influence  voter 
by  threats, 
etc. 

1907,  560, 
§  448. 


For  bribery  at 
elections. 
1907,  560, 
§  449. 


For  disorderly 
conduct  at  a 
primary, 
caucus  or 
election. 
1907,  560, 
§  450. 


For  disobeying 
orders  ot 
primary, 
caucus  or 
election  officer. 
1907,  560, 
§  451. 
For  not 
removing  pipe, 
cigar,  liquor, 
etc. 

1907,  560, 
§  452. 


For  giving 

information 

regarding 

challenged 

votes. 

1907,  560, 
§  453. 

For  violating 
provisions  of 
section  352. 

1908,  85,  §  2. 


For  violating 
provisions  of 
section  353. 
1908,  483,  §  2. 
1912,  229,  §  2. 


SECTION  489.  Whoever  by  threatening  to  discharge  a 
person  from  his  employment  or  to  reduce  his  wages,  or  by 
promising  to  give  him  employment  at  higher  wages,  attempts 
to  influence  a  voter  to  give  or  to  withhold  his  vote  at  an 
election,  or  whoever,  because  of  the  giving  or  withholding 
of  a  vote  at  an  election,  discharges  a  person  from  his  employ- 
ment or  reduces  his  wages,  shall  be  punished  by  imprison- 
ment for  not  more  than  one  year. 

SECTION  490.  Whoever  pays  or  gives,  or  directly  or 
indirectly  promises  to  a  voter  any  gift  or  reward  to  influence 
his  vote  or  to  induce  him  to  withhold  his  vote,  shall  be 
punished  by  imprisonment  for  not  more  than  one  year. 

SECTION  491.  Whoever,  at  a  primary,  caucus  or  elec- 
tion, behaves  in  a  disorderly  manner,  and,  after  notice 
from  the  presiding  officer,  persists  in  such  behavior  and 
refuses  to  withdraw  from  the  polling  place,  shall  be  punished 
by  imprisonment  for  not  more  than  thirty  days. 

SECTION  492.  Whoever  wilfully  disobeys  any  lawful 
command  of  an  election,  caucus  or  primary  officer  shall 
be  punished  by  imprisonment  for  not  more  than  thirty  days. 

SECTION  493.  Whoever,  when  so  ordered  by  the  presid- 
ing officer  of  an  election,  caucus,  primary  or  meeting,  refuses 
or  fails  to  remove  any  pipe,  cigar,  cigarette  or  liquor,  or 
to  withdraw  from  the  polling  place,  as  provided  by  section 
two  hundred  and  eighty-eight,  shall  be  punished  by  a  fine 
of  not  more  than  twenty  dollars. 

SECTION  494.  Whoever  gives  any  information  derived 
from  a  recount  of  votes,  relative  to  a  ballot  cast  by  a  chal- 
lenged voter  at  an  election,  caucus  or  primary,  shall  be  pun- 
ished by  imprisonment  for  not  more  than  one  year. 

SECTION  495.  Whoever  violates  the  provisions  of  section 
three  hundred  and  fifty-two  relative  to  obtaining  nomination 
papers  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars. 

SECTION  496.  Any  corporation  violating  the  provisions 
of  section  three  hundred  and  fifty-three  shall  be  punished 
by  a  fine  of  not  more  than  ten  thousand  dollars,  and  any 
officer,  director  or  agent  of  a  corporation  violating  any 
provision  of  said  section  or  authorizing  such  violation,  or 
any  person  who  violates  or  in  any  way  knowingly  aids  or 
abets  the  violation  of  any  provisions  of  said  section  shall 
be  punished  by  a  fine  of  not  more  than  five  thousand  dollars 
or  by  imprisonment  for  not  more  than  six  months. 


GENERAL  PENALTIES.  153 


SECTION  497.    Whoever  is  convicted  of  wilfully  violating  For  violating 
any  provision  of  law  relating  to  corrupt  practices  in  elections  SSSSg  to 
shall  be  deemed  ineligible  to  hold  public  office  for  three  pracUcts. 
years  following  the  date  of  his  conviction.  19n-  679'  §  5- 

SECTION  498.  If  a  person  elected  to  public  office  is  Same  subject. 
convicted  of  any  wilful  violation  of  the  law  relating  to 
corrupt  practices  in  connection  with  the  primary  or  election 
at  which  he  was  nominated  or  elected,  his  office  shall  thereby 
be  vacated,  and  a  new  election  shall  be  held  for  the  purpose 
of  filling  the  same. 

SECTION  499.     Any  corporation  which  violates  any  pro-  For  violating 
vision   of  sections   three  hundred  and  fifty-four  to  three  soSonaH^to 
hundred  and  fifty-six,  inclusive,  shall  be  punished  by  a  fine  1907,  ssi,  §  4. 
of  not  more  than  ten  thousand  dollars,  and  any  officer, 
director  or  agent  of  a  corporation  violating  any  such  provi- 
sion, who  authorized  such  violation,  or  any  person  who 
violates,  or  in  any  way  knowingly  aids  or  abets  the  violation 
of,  any  such  provision,  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  or  by  imprisonment  for  not 
more  than  one  year. 

SECTION  500.    Whoever  violates  any  provision  of  section  ^^gjjJ'JJf 
three  hundred  and  fifty-eight  shall  be  punished  by  a  fine  not  section  353. 
exceeding  one  hundred  dollars,  or  by  imprisonment  for  not  1908>  518>  5 
exceeding  three  months,  or  by  both  such  fine  and  imprison- 
ment. 

SECTION  501.     Wrhoever   violates   any  provision   of   law  For  violating 
relating  to  corrupt  practices  in  elections,  the  punishment  for  feStSgto 
which  is  not  specially  determined  by  law,  shall  be  punished  p^SuL. 
by  imprisonment  for  not  more  than  one  year  or  by  a  fine  of  J9^.560' 
not  more  than  one  thousand  dollars. 

SECTION  502.    The  supreme  judicial  court  and  the  supe-  Enforcement 

i      ii    i  ..,..  ,  .  .  |         of  provisions. 

nor  court  shall  have  jurisdiction  at  law  or  in  equity  or  by  1007,  560, 
mandamus  to  enforce  the  provisions  of  this  act.  Police 
officers  and  constables  shall  arrest  without  a  warrant  any 
person  detected  in  the  act  of  violating  the  caucus,  primary 
or  election  laws.  A  prosecution  for  the  violation  of  any  pro- 
vision of  this  act  shall  not,  unless  the  purposes  of  justice 
require  such  disposition,  be  placed  on  file  or  disposed  of  ex- 
cept by  trial  and  judgment  according  to  the  regular  course 
of  criminal  proceedings.  It  shall  be  disposed  of  otherwise 
only  upon  motion  in  writing  stating  specifically  the  reasons 
therefor  and  verified  by  affidavit  if  facts  are  relied  on.  If 
the  court  or  magistrate  certifies  in  writing  that  he  is  satisfied 


154  REPEAL  OF  FORMER  STATUTES. 

that  the  cause  relied  on  exists  and  that  the  interests  of  pub- 
lie  justice  require  the  allowance  of  the  motion  the  motion 
shall  be  allowed  and  the  certificate  of  the  court  or  magis- 
trate shall  be  filed  in  the  case. 


Repeal  of  Former  Statutes. 

Repeal.  SECTION  503.     Chapters  five  hundred  and  forty-three,  five 

hundred  and  sixty,  five  hundred  and  seventy-nine,  and  five 
hundred  and  eighty-one  of  the  acts  of  the  year  nineteen  hun- 
dred and  seven;  chapters  eighty-three,  eighty-five,  three 
hundred  and  forty-five,  three  hundred  and  ninety-one,  four 
hundred  and  twenty-three,  four  hundred  and  twenty-five, 
four  hundred  and  twenty-eight,  four  hundred  and  sixty-one, 
four  hundred  and  eighty,  four  hundred  and  eighty-three,  and 
five  hundred  and  eighteen  of  the  acts  of  the  year  nineteen 
hundred  and  eight;  chapters  one  hundred  and  forty-nine, 
two  hundred  and  thirteen,  two  hundred  and  sixty-four, 
three  hundred  and  forty-four,  three  hundred  and  fifty-six, 
four  hundred  and  forty,  and  four  hundred  and  ninety-two  of 
the  acts  of  the  year  nineteen  hundred  and  nine;  chapters 
forty-four,  fifty-five,  one  hundred  and  forty-seven,  one  hun- 
dred and  eighty-two,  two  hundred,  t\vo  hundred  and  forty- 
six,  and  five  hundred  and  twenty  of  the  acts  of  the  year 
nineteen  hundred  and  ten;  chapters  two  hundred  and  twenty- 
two,  three  hundred  and  four,  three  hundred  and  fifty-three, 
three  hundred  and  fifty-four,  three  hundred  and  fifty-five, 
three  hundred  and  seventy-eight,  four  hundred  and  twenty- 
two,  four  hundred  and  thirty-six,  five  hundred  and  seventeen, 
five  hundred  and  eighteen,  five  hundred  and  fifty,  six  hundred 
and  seventy-nine,  seven  hundred  and  thirty-five,  and  seven 
hundred  and  forty-five  of  the  acts  of  the  year  nineteen  hun- 
dred and  eleven;  chapters  two  hundred  and  twenty-nine,  two 
hundred  and  fifty-two,  two  hundred  and  fifty-four,  two  hun- 
dred and  sixty-one,  two  hundred  and  sixty-five,  two  hundred 
and  sixty-six,  two  hundred  and  seventy-three,  two  hundred 
and  seventy-four,  two  hundred  and  seventy-five,  three  hun- 
dred and  seven,  three  hundred  and  ninety-eight,  four  hundred 
and  forty-six,  four  hundred  and  seventy-one,  four  hundred 
and  seventy-three,  four  hundred  and  eighty-three,  five  hun- 
dred and  fifteen,  and  six  hundred  and  forty-one  of  the  acts 
of  the  year  nineteen  hundred  and  twelve;  chapters  two  hun- 
dred and  eighty-six,  four  hundred  and  eight,  four  hundred 
and  thirty-one,  five  hundred  and  sixteen,  five  hundred  and 


REPEAL  OF  FORMER  STATUTES.  155 

fifty-nine,  and  six  hundred  and  eighty-six  of  the  acts  of  the 
year  nineteen  hundred  and  thirteen,  and  all  other  acts  and 
parts  of  acts  inconsistent  herewith,  are  hereby  repealed;  but 
such  repeal  shall  not  revive  any  law  heretofore  repealed  or 
superseded,  and  nothing  in  this  act  shall  be  construed  as 
repealing  existing  provisions  in  city  charters  relating  to  city 
elections,  and  such  provisions  shall  continue  in  full  force  and 
effect. 

SECTION  504.  The  provisions  of  this  act,  so  far  as  they  HOW  pro- 
are  the  same  as  those  of  existing  statutes,  shall  be  construed 
as  continuations  thereof  and  not  as  new  enactments,  and  a  1913' 
reference  in  a  statute  which  has  not  been  repealed  to  provi- 
sions of  law  which  have  been  revised  and  re-enacted  herein 
shall  be  construed  as  applying  to  such  provisions  as  so  in- 
corporated in  this  act;  they  shall  not  affect  any  act  done, 
liability  incurred,  or  any  right  accrued  and  established  or 
any  suit  or  prosecution,  civil  or  criminal,  pending  or  to  be 
instituted,  to  enforce  any  right  or  penalty  or  to  punish  any 
offence  under  the  authority  of  existing  laws,  but  the  pro- 
ceedings in  such  cases  shall  conform  to  the  provisions  of 
this  act.  [Approved  June  20,  1913. 


INDEX 


INDEX. 


A. 

PAGE 

Acceptance  of  nomination  by  candidates,    .          .          .          .45,  49,  58,  66,  67,  73 

Affidavit,  penalty  for  making  a  false. ........       147 

Affidavits,  taken  by  assessors  to  be  preserved  for  two  years,  ...         12 

Aldermen,  term  denned,  ..........          5 

duties  of,  in  relation  to  the  division  of  cities  into  voting  precincts,      .         75 
to  designate  and  furnish  polling  places  in  each  precinct,       ...         82 
to  post  printed  description  of  polling  places,       .....         82 

may  make  regulations  as  to  use  of  seals,  ballot  boxes,  counting  appa- 
ratus, etc.,  receiving  and  returning  votes,   .....          9 

to  call  meetings  for  elections,  .......  95,  114,  115 

to  examine  returns  of  elections,  etc.,  .....         104,  105 

to  make  duplicate  certificates  of  election  of  representative  in  general 

court, 110 

to  certify  copies  of  records  of  votes,  ......       105 

to  declare  result  of  election,      .          .          .          .          .          .          .          .114 

to  provide  polling  places  for  caucuses,        .          .          .          .          .          .  55,  57 

(See  also  Mayor  and  aldermen,  and  Election  Commissioners.) 
Aldermen  at  large,  number  of  ward  in  which  candidate  resides  to  be  upon  cer- 
tificate of  nomination,  nomination  paper  and  ballot,     .          .          .  69,  87 
Alphabetical  list  of  voters.     (See  Lists  of  voters,  and  Voting  lists.) 
Amended  returns  of  votes  to  be  made,         ....    104, 105,  109,  110,  113 

Amendment  to  the  constitution,  proposed,  preparation,  publication,  posting, 

etc.,         .         . 91, 92, 93, 96,  121 

copy  of,  to  be  printed  in  notice  or  warrant  calling  meeting  at  which  it 

is  to  be  voted  on,     .          .         . 95 

question  of  approval  of,  to  be  printed  on  ballot,          ....        89 

Announcement  of  result  of  vote,          .......         102,  132 

Annual  meeting  of  each  town  to  be  held  in  February,  March  or  April,   .          .       131 
Annual  register  of  voters,  to  be  kept,  .......        20 

preparation  of,        ..........  20-25 

names  entered  in,  to  be  posted,  etc.,          ......        26 

additional  names  entered  in,  to  be  posted  or  published,  etc.,         .          .         26 
Annual  state  election  to  be  held  on  the  Tuesday  next  after  the  first  Monday  in 

November,       ..........         94 

Anonymous  circulars  or  posters,  protection  of  candidates  against,  .          .       149 

publications  prohibited,  .....  121,  122 

Apparatus,  for  use  at  elections,  to  be  provided  by  the  secretary  of  the  com- 
monwealth,  83 


160  INDEX. 

PAGE 

Apparatus,  for  .use  at  elections,  care,  custody,  repairs  and  improvement  of,   .         83 
to  be  used  where  official  ballots  are  used,  .          .          .          .         101,  102 

if  impossible  to  use,  proceedings  to  be  as  presiding  officer  shall  direct,    .       102 
penalty  for  injuring  or  destroying,    .          .          .          .          .          .          .149 

Applicants  for  registration.     (See  Registration  of  voters.) 

Applications,  certificates  or  affidavits  taken  by  assessors  to  be  preserved  for 

two  years,        ..........         12 

Arrangement  of  names  upon  ballots,  .          .          .          .          .          .          .61, 88-90 

Arrest  of  persons  for  disorderly  conduct,  etc.,  at  polls,  .          .          .          .  98,  99 

Assessed  polls,  list  of,  assessors  to  make,  post,  etc.,       .....         12 

correction  of  errors  in,     .          .          .          .          .          .          .          .          .11,12 

penalty  on  assessors  for  making  false  entry  on,  ....       142 

street  lists  of,  assessors  of  cities  and  certain  towns  to  make  and  distribute,        12 

list  of,  in  certain  towns  may  be  arranged  alphabetically  or  by  streets,         12 

number  of,  to  be  returned  to  the  secretary  of  the  commonwealth,         .         27 

Assessment  of  taxes,  upon  polls  and  estates,         ......  11-14 

errors  in,  to  be  corrected,          .          .          .          .          .          .          .          .  11, 12 

of  persons  omitted  from  lists  of  assessed  polls,    .  .         13 

of  male  persons  moving  into  a  city  or  town  after  April  1 ,    .          .          .         13 

Assessment  of  voters,  evidence  in  prosecution  for  violation  of  laws  relating  to,          9 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,      127,  128 

Assessors,  term  defined,     .......... 

town,  election,  term  of  office,  etc.,    ....  133,  136,  137,  138 

failure  to  elect,  vacancy,  etc.,  .......       141 

notices  of,  relating  to  elections,  place  of  posting,          ....          9 

to  make  list  of  persons  assessed,  etc.,         ......  11-13 

to  correct  errors  in  names  and  residences,  etc.,  .          .          .          .11,12 

applications,  certificates  and  affidavits  taken  by,  to  be  preserved  for 

two  years,        ..........         12 

to  transmit  to  registrars  list  of  persons  assessed,  etc.,  ...         12 

to  notify  collector  of  changes  in  lists,  etc.,          .          .          .          .          .12 

to  furnish  information  necessary  to  aid  registrars,  etc.,         ...         12 
to  make  street  lists  of  assessed  polls  in  cities  and  certain  towns,  etc.,    .         12 
to  assess  voter  not  previously  assessed,  etc.,       .....         13 

to  give  certificate  to  person  who  has  been  assessed,  etc.,      ...         13 
proceedings  upon  failure  to  perform  duties,        .          .          .          .          .141 

penalty  for  making  false  list  of  assessed  polls,  etc.,      ....       142 

penalty  for  giving  false  information  to,  etc.,       .....       146 

penalty  for  refusing  to  give  information  to,        .....       146 

to  assess  persons  not  assessed  April  1,  .          .          .          .          .         13 

to  require  proof  of  residence  in  such  cases,          .          .          .          .          .13 

to  hold  session  for  assessment  of  such  persons,  .....         13 

to  keep  records  of  applicants  and  witnesses,        .....         13 

to  post,  in  places  of  assessment,  laws  prescribing  penalties  for  illegal 
registration,  etc.,       ......... 

to  inquire  as  to  residence  of  women  voters  of  previous  year,          .          .         11 
to  make  list  of  such  voters  so  found,          .          .          .  .          .         11 

to  transmit  same  to  registrars  of  voters,    ......         12 


INDEX.  161 

PAGE 

Assistant  assessors,  election,  etc.  (see  also  Assessors), 133 

Assistant  registrars  of  voters  in  cities,  appointment, 17 

powers,  duties,  etc.,         .  -  .         .         .         .         .         .         .17 

qualifications,  removal,  vacancy,  etc., 17 

not  to  hold  certain  other  office,         . 17 

in  Boston,      ...........  33-35 

Associate  commissioners,  election,  etc.  (see  also  County  Commissioners),         95,  129 
Attorney-general,  to  be  elected  annually  on  the  Tuesday  next  after  the  first 

Monday  in  November,      .......          94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105,  106 

with  secretary  to  approve  blank  forms  for  statements  of  election  ex- 
penses, etc., 126 

to  be  notified  of  defective  statements  of  election  expenses,  .          .          .       125 
to  prosecute  in  certain  cases,    .          .          .          .          .          .          .          .125 

to  attend  certain  inquests  in  election  cases,  etc.,          ....       127 

Auditor  of  the  Commonwealth,  to  be  elected  annually  on  the  Tuesday  next 

after  the  first  Monday  in  November,         .....          94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105,106 

Auditors,  town,  number,  election,  term  of  office,  etc.,  ....        133, 137 

to  hold  no  other  town  office,    ........       133 

failure  to  elect,  vacancy,  etc.,  .......         140,  141 

B. 

Ballot  boxes,  to  be  approved  by  board  of  voting  machine  examiners,      .         .  82-86 
persons  of  whom  purchased  to  give  bond  to  keep  in  working  order  for 

two  years  and  to  defend  against  suits,  .....  87 
to  be  furnished  by  secretary  at  expense  of  the  commonwealth,  .  .  83 
ballot  law  commission  to  make  regulations  for  the  use  of,  .  .  86 

board  of  aldermen,  election  commissioners  and  selectmen  may  make 

regulations  relative  to  use  of, 9 

presiding  officer  to  have  charge  of,    .         .         .         .         .         .         .97 

replacing  defective,  etc.,  ........        83 

care,  custody,  repair  and  improvement  of,          .         .         .         .         .83 

to  be  used  at  certain  elections, 96 

record  of  condition  of  registers  of,  to  be  made  by  clerks,      ...        97 
at  opening  of  polls,  to  be  opened  and  examined,  etc.,  .          .          .  96,  97 

not  to  be  opened  except  to  press  down  ballots  to  make  room,  except  in 

certain  towns,  .......  .97 

if  impossible  to  use,  voting  shall  proceed  as  presiding  officers  direct,     .        97 
penalty  for  injuring  or  destroying,    .......       149 

Ballot  boxes  and  voting  lists,  officers  in  charge  of,  respectively,  to  be  of  differ- 
ent political  parties,  ......  .97 

Ballot  clerks,  appointment,  duties,      ....  .  80,  99 

inspectors  to  act  as,  duties  of,  ....  80 

Ballot  law  commission,  state,  appointment,  powers,  duties,  compensation,  39,  71,  74, 84 


162  INDEX. 

PAGE 

Ballot  law  commission,  in  Boston,  board  of  election  commissioners  to  consti- 
tute,        33 

in  cities,  except  Boston,  board  of  registrars,  city  clerk  and  city  solicitor 

to  act  as,          ..........        71 

in  towns,  board  of  registrars  to  act  as,  .          .          .          .          .71 

powers  and  duties,  .          .          .         .          .         .          .          .          .  71, 72 

Ballots,  evidence  in  prosecution  for  violation  of  laws  relating  to,   ...          9 
appointment  of  tellers  in  towns  to  assist  in  canvassing  and  counting,    .  80,  81 
preparation,  printing  and  distribution  of,  at  public  expense,         .          .  87,  91 
not  to  be  printed  in  any  printing  establishment  owned  or  managed 

by  the  city  of  Boston,       .         .         .         .         .         .         .         .87 

paper,  size,  form,  type,  etc.,     ........         90 

general,  for  use  of  male  voters,  description  of,  etc.,     ....  87-91 

arrangement  of  names  upon,    ........  88-90 

number  of,  to  be  furnished,      ........         90 

to  be  enclosed  in  sealed  packages,  etc.,      .          .         .          .          .          .         93 

delivery  of,  to  cities  and  towns,         .......         93 

delivery  of,  to  election  officers,          .          .          .          .          .          .          .  93, 94 

record  of  number  of,  etc.,  to  be  preserved,          .         .         .         .         .  90,  91 

to  be  arranged  in  packages,      ........         90 

at  certain  town  elections,  not  to  be  delivered  to  voters  until  moderator 

is  chosen,         ..........         94 

not  to  be  removed  from  space  enclosed  by  guard  rail  before  polls  are 

closed, 101 

to  be  deposited  in  state  ballot  boxes,          ......         96 

counting  of,  when  voting  is  in  progress,     ......       103 

statement  of  number  of,  cast,  not  to  be  made  by  officers  before  the 

public  declaration,    .........         97 

marking,  etc.,  of,  by  voter,       .......  99-101 

manner  of  depositing,  in  ballot  box,  ......       101 

cast  by  voters  whose  right  to  vote  is  challenged,         ....       101 

spoiled,  to  be  returned,  others  may  be  furnished,  etc.,          .          .          .       100 
blank  forms  and  apparatus  to  be  used  in  the  count  and  canvass  of,      101,  102 
count  and  canvass  of,  etc.,       .......         101-104 

at  close  of  polls,  to  be  audibly  counted  and  whole  number  announced,   .       102 
to  be  kept  in  open  view  of  voters  until  enclosed  and  sealed  up,    .         102,  103 
defective,  not  to  be  counted,  to  be  preserved,     .....       103 

not  cast,  to  be  enclosed  in  envelope  and  sealed,  ....       103 

to  be  sealed  up  and  endorsed  by  election  officers  after  having  been 

counted,  etc.,  .          .          .         .          .          .          .          .          .          .       103 

to  be  transmitted,  sealed,  to  city  or  town  clerk  or  election  commis- 
sioners,   ...........       104 

to  be  retained  the  required  time,  and  then  destroyed  without  exami- 
nation,   ...........       104 

whole  number  of,  cast,  to  be  stated  in  words  at  length  in  records  and 

copies  of  records,      .........       Ill 

to^be  retained  until  a  contested  election  is  determined,  etc.,          .         Ill,  112 


INDEX.  163 


Ballots,  to  be  used  in  the  election  of  moderator,  ......       137 

to  be  used  in  certain  towns  in  taking  the  vote  upon  the  question  of 

granting  liquor  licenses,     ........       139 

partial,  for  the  use  of  voters  who  are  entitled  to  vote  for  a  part  only  of 

the  officers  to  be  voted  for,        .......        90 

substitute,  to  be  prepared  and  furnished  by  city  or  town  clerks,  or 

election  commissioners,      ........         94 

specimen,  to  be  prepared  and  furnished,    .....          91,  142 

specimen,  to  be  posted,   ........          96,  142 

special,  for  use  of  women  in  voting  for  school  committee,  description 

of,  etc.,  .  89,  90,  139 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,  .  127 
penalty  for  reading  or  examining,  by  presiding  officer  of  town  meeting,  144 
penalties  for  violating  provisions  regarding  printing  and  distributing,  .  150 
penalties  for  altering,  depositing  or  removing,  with  intent  to  defraud,  .  151 
penalty  for  fraudulent  marking  of,  or  placing  distinguishing  mark  on,  .  151 
may  be  taken  from  ballot  box  during  voting,  in  certain  towns,  .  .  102 
for  town  officers,  in  towns  divided  into  precincts,  how  canvassed,  .  140 
for  candidates,  delegates,  -etc.,  in  caucuses  and  primaries,  40,  41,  42,  55,  61,  66 

Ballots,  recounts  of,  .......         .         .         111-114 

interested  candidates,  etc.,  to  be  notified  and  may  be  present  at,          112, 113 
to  be  made  by  registrars  of  voters,  or  election  commissioners,       .         .112 
in  certain  cases,  to  be  made  by  moderator,         .         .         .         .         .112 

to  be  only  on  questions  designated  in  statement,         .          .         .         .112 

Ballots  for  caucuses  (at  which  official  ballots  are  used),  preparation  of,  .         .        61 

Ballots  cast  in  caucuses  (at  which  official  ballots  are  used)  not  to  be  counted 

until  polls  are  closed,         ........        62 

to  be  counted  in  full  view  of  voters,  ......        62 

by  challenged  voter,  no  information  to  be  given  relative  to,          .         .        62 
to  be  transmitted  to  city  or  town  clerk  or  election  commissioners,         .        62 
to  be  preserved,  etc.,       .........        62 

recount  of,     ...........        63 

Ballots  cast  in  caucuses  (at  which  official  ballots  are  not  used)  to  be  trans- 
mitted to  city  or  town  clerk, .55 

to  be  preserved,      .         .         .         .          .          .         .         .         .          .  55, 56 

recount  of,     .  .          .          .          .          .         .         .         .         .56 

Ballots  for  primaries,  preparation  of,  etc.,  .......  40,  41 

delivery  of,  at  polling  place,     ........        42 

form,  number,  arrangement  of  names,  etc.,         .... 

to  contain  statement  regarding  candidate,  .... 

to  have  blank  spaces  for  insertion  of  names, 

how  marked  by  voter,     .......  .  41,  42 

facsimile  copies  to  be  furnished,        .....••        40 

facsimile  copies  to  be  posted  in  polling  places,    . 

Ballots  cast  at  primaries,  counting  and  recounting  of,  . 

Blank  forms,  envelopes,  etc.,  for  returns  to  be  furnished  by  the  secretary  of 

the  commonwealth  and  clerks  of  the  courts,         ....        83 


164  INDEX. 


Blank  forms  for  the  count  and  canvass  of  votes,  to  be  provided  by  the  secre- 
tary of  the  commonwealth,         .....  .83 

to  be  used  at  elections  when  official  ballots  are  used,  .          .          .       101 

proceedings  when  impossible  to  use,  ......       107 

penalty  for  injuring  or  destroying,    .......       149 

Board  of  aldermen.     (See  Aldermen,  board  of.) 

Board  of  examiners,  for  each  county  except  Suffolk  and  Nantucket,       .          .       108 
to  examine  votes  for  county  commissioners,  file  returns  in  clerk's 

office,  notify  persons  elected  and  secretary  of  the  commonwealth,       108 
may  order  new  returns  if  original  appear  to  be  incomplete  or  errone- 
ous,          109 

may  recount  ballots  for  county  and  associate  commissioners,        .          .       112 
not  to  give  information  regarding  ballot  cast  by  challenged  voter,         .       114 
to  issue  precepts  for  election  in  case  of  failure  to  elect  or  vacancy  in 
office  of  county  commissioners  or  associate  commissioners,  and 
notify  secretary  of  the  commonwealth,        .          .          .          .          .117 

to  send  copy  of  precept  to  the  secretary  of  the  commonwealth,    .          .       118 
penalties  on,  .........         144,  145 

Boards  of  health,  in  towns,  election,  terms  of  office,  etc.,       .          .          135,  137,  138 
in  certain  towns  to  contain  physician,        ......       135 

selectmen  to  constitute  board,  if  none  is  chosen,          ....       135 

Books  for  registration  to  be  furnished  by  secretary  of  the  commonwealth,  at 

cost, 20 

Boston,  city  of,  election  commissioners  in,  appointment,  term,  etc.,         9,  10,  32,  33, 

34,  35,  36 

election  commissioners  to  constitute  the  Boston  ballot  law  commission,        33 
list  of  persons,  twenty  years  of  age  or  upwards  and  women  voters  in, 

how  made, 28-31 

no  person  to  be  listed  in,  later  than  the  twenty-first  day  preceding  a 

state  or  municipal  election,         .          .          .          .          .          .          .31 

lists  of  inmates  of  institutions  in,  to  be  transmitted  to  election  commis- 
sioners,  ...........         14 

assistant  registrars  of  voters  in,         .......         33 

listing  and  registration  of  voters  in,  .          .          .          .          .          .  28-36 

street  lists  of  registered  voters  to  be  made  in,     .          .          .          .      26,  35,  36 

posting  of  voting  lists  in,          .          .          .          .  .          .          .26 

copies  of  voting  lists  to  be  prepared  for  distribution,  ....         36 

nomination  of  candidates  for  any  municipal  elective  office  in,  shall  be 

made  by  nomination  papers,  etc.,       ...  68,  70,  71,  72,  73 

election  officers  in,  appointment,  removal,  etc.,  ....  78-81 

voter  to  write  his  name  upon  request,        ......         36 

time  for  filing  certificates  of  nomination  and  nomination  papers  in, 

before  elections,        .........        70 

notices  of  meetings  for  elections  in,  .          .          .         .          .          .          .95 

primaries  in  (see  also  Primaries),      .......  38-47 

(See  also  Election  commissioners.) 
Bribery  at  elections,  punishment  for,  .         .         .         .         .         .         .       152 


INDEX.  165 

C. 

PAGE 

Calling  of  caucuses, 53,  55,  56,  57,  58,  64 

Calling  of  primaries, 39 

Candidates,  names  of.     (See  Names  of  candidates.) 

nomination  of,  blank  forms  for,  to  be  furnished  by  the  secretary  of  the 

commonwealth, 73 

nomination  of,  by  caucus,         ......          52-65,  66,  67 

nomination  of,  by  primaries,    ......          38-52,  66,  67 

nomination  of,  by  convention, 66 

nomination  of,  by  individual  voters, 67-69 

nomination  of,  by  direct  plurality  vote,     ....          52-65,  66,  67 
nomination  of,  to  fill  vacancy  caused  by  withdrawal,  ineligibility  or 

death,     .  .  59,60,72,73 

political  or  other  designation  of,        .         .  44,  49,  50,  59,  69,  70,  72,  88 

to  file  written  acceptance  of  nomination  when  nominated  by  nomina- 
tion papers,      .  .  .          .  45, 49, 58, 59, 66, 67, 70 

may  withdraw  names  from  nomination;  time,  etc.,     .          .          38,46,60,72 
to  be  notified  of  objections  to  nomination,          .....         72 

names,  residences,  etc.,  of,  to  be  placed  upon  ballots,  .         .          .  41,  88 

protection  of,  against  anonymous  circulars  and  posters,       .          .          .       149 
no  political  committee  shall  demand  money  for  furnishing  nomination 

papers  to,         ..........       121 

number  of  names  of,  with  same  political  designation,  ...        72 

lists  of,  to  be  posted  and  published, 91,  92 

to  be  voted  for,  not  eligible  as  election  officers  or  supervisors  of  elections,  79-81 
payments  to  political  committees  by,  limited,    .....       120 
receiving  the  highest  number  of  votes  to  be  declared  elected  or  nomi- 
nated,      8,36,54 

not  to  serve  as  caucus  officers,  .          .          .         .         .         .         .  55, 63 

claiming  an  election,  to  serve  notice  on  clerk  of  intention  to  contest,  etc.,      Ill 
for  presidential  electors,  receiving  not  less  than  one  fifth  of  votes,  may 

apply  to  supreme  judicial  court  for  declaration  of  election,   .         107,  108 
to  be  notified  and  may  be  present  at  recount  of  ballots,       .         .         107-113 
for  public  office,  payment,  etc.,  of  money  by,  to  aid  nomination  or  elec- 
tion, etc.,         119-126 

promise,  etc.,  of  appointment,  etc.,  by,  to  aid  nomination  or  election, 

etc., 119 

soliciting  of  money,  etc.,  from,  except  for  certain  purposes,  prohibited,       120 
may  incur  and  pay  personal  expenses,  etc.,         .          .          .          .          .119 
may  make  voluntary  payment,  etc.,  of  money,  etc.,  to  political  com- 
mittees, etc.,   .         .         .         .         119-120 

penalties  on,  for  violations  of  provisions  relative  to  corrupt  practices 

and  election  expenses,       . 153 

to  be  notified  of  errors  in  statement  of  election  expenses,     .          .         124,  125 
may  be  nominated  at  adjourned  caucus,  in  case  of  tie  vote,          .         .        54 


166  INDEX. 

PAGE 

Candidates,  violating  law  relating  to  corrupt  practices  ineligible  to  hold  public 

office  for  three  years,         .  , 

information  regarding,  may  be  put  upon  nomination  papers  and  bal- 
lots  41,  44,  49,  50,  59,  61 

in  caucuses  and  primaries,        .         .         .          .          .          .    41,  44,  49,  58,  61 

names  of,  how  arranged,  on  ballots,  .         .          .  41, 61, 88-90 

may  withdraw  from  nomination,       .         .         .         .         .         .      38, 60, 72 

nomination  papers  and  certificates  of  nomination  to  give  names,  resi- 
dences, etc.,  of, 44,  49,  59,  61,  69 

Canvass  of  votes,     ..........         101-104 

Cards  of  instruction  and  penalties,  to  be  prepared  and  furnished,  .         .          .         91 
to  be  posted  up  in  polling  places,  etc.,  .         .         .          .          .        96 

Caucus,  term  defined,        ..........  5 

no  person  to  take  part  in,  whose  name  does  not  appear  upon  voting 

list,          .  54 

Caucus  officers,  term  defined,    ....... 

appointment  of,  for  first  caucus,  when  official  ballots  are  used,     .          .         64 
election,  qualifications,  duties,  terms  of  office,  etc.,      .          .          .          .  63,  64 

vacancy,  how  filled,         .          .          .          .          .          .          .          .          .  54, 64 

certain  persons  ineligible,          .......      55,  63,  64 

not  to  give  information  regarding  challenged  vote,      ....         62 

penalties  upon,  for  violation  of  law,  .....         143, 145 

Caucuses,  calling  of,  .......  53,  56,  57,  58,  64 

notices  of, 53,55,56,57,58,64 

secretary  of,  to  file  certificate,  .......         67 

polling  places  to  be  provided  for,      .         .         .          .          .          53,  55,  57,  58 

voting  at,  may  proceed  in  two  or  more  lines  in  certain  cases,        .          .         58 
voting  list  for  use  at,       .........        27 

ballot  to  be  taken  for  choice  of  any  candidate,  delegate  cr  member  of  a 

political  committee,  .          .          .          .          .          .          .          .55 

nomination  of  candidates  by,  .......         66 

presiding  officers  and  secretaries  of,  to  sign  certificates  of  nomination, 

etc., 67 

blank  certificates  of  nomination  to  be  furnished  for  use  of  presiding 

officers  and  secretaries  of,  .......         73 

may  provide  for  filling  of  vacancy  caused  by  withdrawal,  ineligibility 

or  death  of  candidate,       .          .          .         .          .          .          .          .  72, 73 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,     127,  128 
evidence  in  prosecutions  for  violation  of  laws  relating  to,    ...  9 

provisions  relative  to  corrupt  practices  and  election  expenses,  applicable 

to, 126 

penalty  for  illegal  voting  at,     ........       145 

penalty  on  officers,  etc.,  ........        143,  145 

relating  to  city  or  town  elections  to  be  called  by  city  or  town  committee,         57 
different  political  parties  not  to  hold,  on  same  day,     ....         57 

choice  of  day  given  to  party  first  filing  copy  of  call,    ....         57 

hour  to  be  not  later  than  8  o'clock  P.M.,    .         .         .         .         .         .55 


INDEX.  167 


Caucuses, hour  not  tobeearlierthan2o'clockp.M.,orlaterthan7.30o'clockp.M.,         58 
persons  receiving  the  highest  number  of  votes  in,  to  be  declared  elected 

or  nominated,  .          .         .         .         .         .         .         .         .         .  54, 66 

may  adjourn  in  certain  cases, 54 

relative  to  special  elections,      ........         53 

may  be  called  to  consider  adoption  of  provisions  of  law  for  the  use  of 

official  ballots,  .  56,  57 

polls  to  be  kept  open  at  least  one  hour, 56 

acceptance  may  be  revoked  after  one  year,  how,         ....        57 

ballots  and  voting  lists  to  be  preserved,     .          .         .         .         .      55,  62,  65 

notices  of  intention  to  contest  elections  or  nominations  by,  .         .     •  56 

at  which  official  ballots  are  used,      .......  56-64 

at  least  twenty-five  voters  to  take  part  in  certain,       ....         65 

all  of  one  party,  relating  to  city  or  town  election,  to  be  held  on  same  day 

in  certain  cases,        .........        57 

time  of  calling, 55,  57,  58,  64,  65 

order  of  business, .          55,  61,  62,  65 

time  of  closing  polls, 61,  62 

voting  lists  to  be  used,    .........        54 

challenging  of  votes  in,    ........      53,  54,  62 

ballots  to  be  counted  in  full  view  of  voters,        .         .         .         .         .62 

vote  in,  to  be  publicly  announced,    .......        62 

recount  of  ballots  cast  in,         .          .          .          .          .         .         .          .  56, 63 

precinct,  appointment  of  officers  to  serve  at,  .         .         .         .64 

returns  of ............        67 

returns  to  be  tabulated  by  city  or  town  clerks,  .....         67 

city  or  town  clerk  to  issue  certificates,  and  notify  committees  of  elec- 
tion of  delegates  and  members  of  ward  and  town  committees,        .         67 
returns  of,  at  which  are  made  direct  nominations,  etc.,        ...        54 
Caucuses,  joint.     (See  Primaries.) 
Certificates,  applications  or  affidavits  taken  by  assessors,  to  be  preserved  for 

two  years,        ..........        12 

complaints,   etc.,  relating   to   registration,  to  be  preserved   for  two 

years,      .          .          .          .         .         .          .          .         .         .         .25 

of  right  to  vote,  to  be  given  by  the  registrars  of  voters,  etc.,         .         .        26 
to  be  attached  to  the  voting  list,  etc.,        ....  .26 

to  be  made  after  counting  ballots,     . 104 

to  be  made  after  recount  of  ballots,  .         .         .         .         .         .113 

Certificates  of  election,  governor  to  issue,  etc.,     ....  .       106 

secretary  of  the  commonwealth  to  transmit,  to  persons  elected,    .          .       106 
of  representatives  in  general  court,  form  of,  .110 

to  be  made  and  transmitted  in  duplicate,  ...  .110 

to  be  issued  by  city  clerk  or  election  commissioners  upon  expiration  of 

time  for  recount  of  ballots,         ...  .114 

to  be  sent  to  caucus  officers,     ......  .54 

Certificates  of  nomination  of  candidates,  blank  forms  of,  to  be  furnished  by 

the  secretary  of  the  commonwealth,   .          .          .          .          .          .73 


168  INDEX. 

PAGE 

Certificates  of  nomination  of  candidates,  for  representative  to  general  court, 

blank  forms  to  be  sent  to  city  and  town  clerks,  etc.,     ...         73 
form,  contents,  etc.,         .         .          .         .         .          .          .          .      67, 68, 73 

political  or  other  designation  on,  .          .          .          .          .          .  69, 70 

to  be  signed  by  presiding  officer  and  secretary  of  caucus,  etc.,      .          .  67,  73 
to  be  filed  by  secretary,  .........         67 

time  of  filing  of,  with  secretary  of  the  commonwealth  or  city  or  town 

clerks, 67,  70 

in  city  of  Boston,    ..........         70 

objections  to,  may  be  made  in  writing;  time  of  filing,  ...  71 
objections  to,  to  be  considered  and  decided  by  certain  officials,  .  .  71 
to  be  preserved,  open  to  public  inspection,  etc.,  ....  73 

Chairman  and  secretary,  of  city  or  town  committee  to  notify  aldermen  or 

selectmen  of  date  of  caucus,       .         .         .         .         .         .         .  55, 57 

may  fill  certain  vacancies,        ........         60 

of  city  committee  to  make  nominations  for  caucuses  (at  which  official 

ballots  are  used),  if  papers  are  not  filed,  or  vacancy  occurs,  .          .  59,  60 

Challenge  of  right  of  persons  to  vote,  duty  of  presiding  officer,       .          .  62,  101 

Challenged  vote,  in  caucuses,  how  received,          ......        62 

right  of  supervisors  of  elections,        .          .          .          .          .          .          .81 

Challenged  voter,  ballot  cast  by,  no  information  to  be  given  relative  to,   62,  101,  114 
oath  to  be  taken  by,  in  caucus,         .......        53 

Check  lists.     (See  Voting  lists.) 

Circulars  or  posters,  anonymous,  protection  of  candidates  against,          .          .       149 
distribution  of,  in  vicinity  of  polling  places,        .....         96 

Cities,  elections  in,  to  be  held  on  Tuesdays,          ......          8 

voters  in,  place  of  registration  and  voting,          .          .          .          .          .11 

duties  of  assessors  in,       .........  11-14 

time  for  registration  to  cease  in,  .          .          .          .          .          .19 

assessment  in,  errors  in,  to  be  rectified,     .          .          .          .         .         .11 

assessed  polls  in,  street  lists  of,  to  be  made,  etc.,         ....         12 

registrars  of  voters  in,     .........  14-18 

assistant  registrars  of  voters  in,         .         .          .         .         .         .          .16-17 

sessions  for  registration  in,  .          .          .          .          .          .          .18 

to  provide  suitable  rooms  for  the  registration  of  voters,       .          .          .         18 
preparation  and  posting  lists  of  voters  in,  .....  25-28 

return  of  number  of  assessed  polls  and  registered  voters  in,  .          .         27 

return  of  number  of  registered  male  and  female  voters  in,   .          .          .         27 
division  of,  into  wards  and  voting  precincts,       ....      28,  75-77 

precincts  in,  map  or  description  to  be  published  and  furnished  to  offi- 
cials,      ...........         76 

proceedings  at  elections  in,  when  new  division  into  wards  is  made,        .         75 
election  officers  in,  .........  77-81 

polling  places  in,  designation,  preparation  of,  etc.,       ....         82 

state  ballot  boxes,  apparatus  and  blank  forms  to  be  provided  for  use  at 

elections  in,     .......  83 


INDEX.  169 

PAGE 

Cities,  to  keep  ballot  boxes  and  apparatus  in  good  repair  and  replace  those 

lost  or  destroyed, 83 

ballots  to  be  prepared  and  furnished  for  elections  and  meetings  in,       .  87-91 
board  of  aldermen  or  election  commissioners  in,  may  make  regula- 
tions as  to  use  of  seals,  ballot  boxes,  etc.,  and  counting  and  re- 
turning votes,  .........          9 

may  purchase  approved  voting  machines,  .....  85,  86 

meetings  in,  for  election  of  state  and  city  officers,  calling  of,         .          .        95 

when  ballot  boxes  may  be  opened  in, 96,  97 

statements  relative  to  elections  in,  not  to  be  made  prior  to  public  dec- 
laration of  vote, 97 

ballots  and  voting  lists  in,  to  be  transmitted  to  city  clerk  or  election 

commissioners  by  presiding  election  officer,  ....       104 

ballots  cast  in,  to  be  retained  the  required  time  and  then  destroyed 

without  examination, 104 

voting  lists  used  in,  to  be  preserved,  etc.,  .....       104 

copy  of  voting  list  used  at  elections  in,  may  be  furnished,  .         .         .       104 

recount  of  ballots  in,  111-114 

registrars  of  voters  in,  may  employ  assistance  in  recounting  votes,        .       114 
result  of  election  in,  when  to  be  declared,           .         .         .         .         .114 
elections  in,  provisions  relating  to  corrupt  practices  and  election  ex- 
penses applicable  to,          .          . 126 

to  provide  places  for  holding  caucuses, 55,  57,  58 

to  furnish  ballot  boxes,  booths,  etc.,  in  certain  cases,  ...        58 

proceedings  in,  when  nomination  papers  (caucus)  are  not  filed,  etc.,      .        59 
to  provide  ballots  for  caucuses  when  official  ballots  are  used,        .         .        61 
to  provide  blank  nomination  papers,          .         .         .         .         .         .58 

City  clerk,  with  registrars  of  voters  and  city  solicitor,  to  consider  objections  to 

nominations  for  city  offices  and  decide  questions,  except  in  Boston,        71 
City  clerks,  notices  of,  relating  to  elections,  places  of  posting,  etc., 

to  publish  notices  of  meetings  for  elections,        .         ...         .         .95 

except  in  Boston,  to  send  to  registrars  of  voters  names  of  certain  per- 
sons deceased,  ......••• 

to  be  members  of  boards  of  registrars  of  voters  in  certain  cities, 
to  cease  to  be  members  of  boards  of  registrars  of  voters,     .         .         .         15 
to  receive  and  file  nominations  for  city  officers;  time,  etc., 
to  require  identification  of  persons  filing  nomination  papers, 
to  notify  candidate  and  party  committee  of  objections  to  nomination,        72 
to  preserve  certificates,  nomination  papers,  objections,  withdrawals, 
receipts   and  record   of   number  of   ballots  furnished,   for  one 

year, 73,90,91,93 

to  notify  secretary  of  the  commonwealth  of  changes  in  wards  or  voting 
precincts,          .... 

may  adminster  oaths  to  election  officers, 

may  adminster  oaths  to  supervisors  of  elections, 

vacancy  in  office  of,  may  be  filled  by  appointment  pro  tempore, 


170  INDEX. 


City  clerks,  to  provide  for  safe  keeping  and  repair  of  state  ballot  boxes, 

voting  machines  and  apparatus,          ......         83 

to  provide  suitable  seals  for  precinct  clerks,        .....         84 

to  send  ballot  boxes,  seals,  apparatus  and  blank  forms  to  election  officers,        84 
to  prepare  and  furnish  ballots,  cards  of  instruction  and  specimen  ballots 

for  city  election,       .........  87-91 

to  cause  lists  of  candidates  to  be  posted  and  published,       .          .          .  91,  92 
to  return  receipts  for  ballots  to  the  secretary  of  the  commonwealth,      .         93 
to  send  ballots,  cards  of  instruction  and  copies  of  proposed  constitu- 
tional amendment  to  election  officers,          .          .          .          .          .  93,  94 

to  cause  ballots,  etc.,  for  city  election  to  be  packed  in  sealed  packages, 

etc., 93 

to  prepare  and  furnish  substitute  ballots  when  needed,        ...         94 
to  enter  upon  city  records  the  copies  of  records  of  elections  furnished 

by  precinct  clerks,    .         .         .         .         .         .         .         .         .102 

to  examine  returns  of  elections,  etc.,  with  aldermen,  ....       105 

may  furnish  copy  of  voting  list  as  checked  upon  application  of  ten 

legal  voters,  etc.,    ........          63,  104 

to  retain  ballots  the  required  time,  and  then  cause  them  to  be  destroyed 

without  examination,         ........       104 

to  retain  voting  lists  for  same  length  of  time  as  ballots,  and  then  trans- 
mit them  to  registrars  of  voters,          ......       104 

to  transmit  returns  of  votes,    .......         105,110 

duties  of,  in  relation  to  erroneous  returns,  etc.,  .          .          104,  105,  109 

to  give  notice  to  voters  of  referendum  measures,         .          .          .          .  92,  93 

to  make  new  return  of  votes,  etc.,    .         .         .         .         .         .         .110 

duties  of,  in  relation  to  election  of  representative  in  general  court,        .       109 
to  certify  to  secretary  of  the  commonwealth  the  number  of  names  of 

voters  checked  as  having  voted,  etc.,  .          .          .          .          .110 

to  retain  ballots  until  a  contested  election  is  determined,  etc.,      .          .       Ill 
to  issue  certificates  of  election  upon  result  being  declared  by  aldermen,       114 
not  to  give  information  relative  to  ballots  cast  by  challenged  voters,    .       114 
penalties  on,  ........          144,  145,  152 

to  transmit  envelopes  containing  ballots  to  be  recounted,  etc.,  to  regis- 
trars of  voters,          .......  .112 

duties  of,  relative  to  statements  of  election  expenses,  .          .         124-126 

to  prepare  blank  nomination  papers,          ......        58 

to  prepare  ballots  for  use  in  primaries  and  caucuses,  ....  40,  61 

to  determine  number  of  ballots  for  primary  or  caucus,  if  not  otherwise 

fixed, .  40, 61 

to  furnish  facsimile  copies  of  ballots,          .          .          .          .          .          .  40, 61 

to  deliver  ballots,  voting  lists,  etc.,  to  caucus  officers,  .          .          .  42,  61 

to  keep  packages  received  from  wardens  of  caucuses,  .          .          .  62,  63 

to  produce  same  if  required  by  court  or  convention,  .          .          .          .  62,  63 

City  and  town  clerks,  of  representative  district,  to  meet  and  determine  election,       109 
to  return  and  record  names  of  persons  voted  for,  and  number  of  votes 

for  each  person,        .         .          .         .          .          ...          .        109,  110 


INDEX.  171 


City  and  town  clerks,  place  of  meeting  of,  to  ascertain  result  of  election,  to 

be  designated,  etc., 109 

to  make  and  transmit  duplicate  certificates  of  election,        .          .          .110 

to  certify  to  the  secretary  of  the  commonwealth  when  there  is  no  choice,  115 

city  and  town  primaries, 48-51 

City  committee,  to  consist  of  ward  committees, 37 

how  organized,        ..........  37 

vacancy  in,  how  filled,     .........  37 

may  make  rules  governing  its  proceedings, 38 

may  make  rules  governing  caucuses, 38 

secretary  of,  to  file  with  secretary  of  the  commonwealth,  city  or  town 

clerk  and  state  committee,  list  of  members  and  officers,         .         .  37 

may  make  rules  to  determine  membership  of  party,    ....  38 

to  exclude  all  others  from  caucus, 38 

to  fix  days  for  holding  municipal  caucuses, 57 

may  call  meeting  in  any  city  to  consider  adoption  of  provision  of  law 

for  the  use  of  official  ballots,      .......  56 

proceedings  for  this  purpose, 56,  57 

secretary  of,  to  file  notices  of  adoption,  etc.,       .....  57 

City  councils,  to  furnish  registrars  with  office  room  and  aid,  determine  com- 
pensation, etc.,         .         .          .         .          .         .         .         .     •     .  17 

may  authorize  the  appointment  of  assistant  registrars  of  voters,            .  17 
may  vote,  with  approval  of  the  mayor,  to  substitute  statement  for  copy 

of  proposed  law  or  amendment,  etc.,            .....  93 

to  determine  compensation  of  supervisors  of  elections,         .         .         .  81 
elections  by,  act  relative  to  corrupt  practices  and  election  expenses  ap- 
plicable to,       ... 126 

City  election,  term  defined  (see  also  Cities), 5 

City. officer,  term  defined, 5 

City  officers.     (See  Civil  officers.) 

City  offices,  candidates  for,  nomination  of, 53-73 

City  of  Boston.     (See  Boston,  city  of.) 

City  solicitor,  with  city  clerk  and  registrars  of  voters,  to  consider  objections  to 

nominations  for  city  offices  and  decide  questions,  except  in  Boston,  71 

to  prepare  statement  of  proposed  law  or  amendment,  etc.,  ...  93 
Civil  officers,  election  of,  persons  having  highest  number  of  votes  to  be  deemed 

to  be  elected,  ..........  8 

title  of  persons  elected  not  to  be  affected  by  violation  of  certain  pro- 
visions of  law, Ill 

Clerk  of  board  of  registrars,  election,  duties,        ...  15 

Clerk  of  caucus,  election,  duties,  etc.,          .....                   .  62-64 

to  seal  up  ballots,  voting  lists,  and  statements  regarding  challenged 

vote,  before  adjournment  of  caucus, 62 

(with  warden)  to  endorse  package  containing  votes,  etc.,     .                   .  62 
Clerks  of  cities.     (See  City  clerks.) 
Clerks  of  voting  precincts.     (See  Election  officers.) 
Clerks  of  the  courts,  election  of,          .         .         .         .                   .         .          94,  128 

to  hold  office  for  five  years, 131 


172  INDEX. 

PAGE 

Clerks  of  the  courts,  in  case  of  failure  to  elect,  or  vacancy  in  office  of,  governor 

to  order  new  election,        .          .          .          .          .          .          .          .115 

in  case  of  vacancy  in  office  of,  appointment,       ....         115,116 

returns  of  votes  for,  to  be  returned  to  the  secretary  of  the  common- 
wealth,    105 

to  provide  blank  forms  and  envelopes  for  certificates,  returns,  etc.,       .         83 
return  of  votes  for  county  commissioner,  to  be  filed  in  office  of,  .          .       105 
duties  of,  when  vacancy  occurs  in  offices  of  county  commissioner  or  as- 
sociate commissioner,        .          .          .          .          .         .          .         .117 

penalty  for  wilful  neglect,  etc.,          .......       145 

Clerks  of  towns.     (See  Town  clerks.) 

Collectors  of  taxes,  to  furnish  information  necessary  to  aid  registrars,     .          .         12 
to  be  furnished  with  additions  to  and  corrections  in  lists  of  persons  as- 
sessed,   ...........         12 

penalty  for  wilful  neglect  or  refusal,  ......       145 

number,  election,  term  of  office,  etc.,         .....         133,  137 

in  case  of  failure  to  elect  or  vacancy,         .....         140, 141 

to  give  bonds,         ..........       141 

Commissioners  to  apportion  Suffolk  county  into  representative  districts,         .       130 

Compensation,  of  registrars  of  voters,          .          .         .         .         .         .          .  16, 17 

of  election  officers,  .         .         .         .         .         .         .         .         .81 

of  supervisors  of  elections,        .         .         .         .         .         .         .          .81 

of  presidential  electors,    .          .          .         .          .          .         .          .          .119 

of  state  ballot  law  commission,          .......         74 

of  machinists  to  examine  voting  machine,  .....        84 

Complaints,  certificates,  etc.,  to  be  preserved  by  registrars  for  two  years,        .         25 

Congress,  representatives  in,  designation  on  ballot  may  be  "  Congressman,"   .  88,  89 
(See  also  Representatives  in  congress.) 
senators  in.     (See  United  States  senators.) 

Constables,  number,  election,  term  of  office,  etc.,          ....         133,  137 

powers  and  duties  of,  .         .      97,  98,  99,  110,  131,  133,  138,  140,  141 

to  give  notice  of  town  meeting,         .         .         .         .         .         .         .131 

when  ordered  by  moderator,  may  remove  and  confine  disorderly  persons,       133 
to  take  persons  violating  provisions  of  law  into  custody,  etc.,       .         .        99 
to  summon  town  officers  elect  to  appear  and  take  oath,       .         .         .       138 
certain  exemption  from  liability  to  hold  office  of,  .         .         .138 

to  forthwith  accept  or  decline  office,          .         .         .         .         .         .140 

in  case  of  failure  to  elect,  or  vacancy,        ......       140 

penalties  for  refusing  or  neglecting  duty,  ......       145 

to  act  as  collectors  of  taxes  in  certain  cases,       .....       133 

Constitution,  amendment  to,  proposed,  preparation,   publication,  posting, 

etc.,        ....  .  ..      91,92,93 

printed  on  slips  to  be  furnished  to  registrars  and  election  commissioners 

by  secretary  of  the  commonwealth,    ......         22 

copy  of,  to  be  printed  in  warrant  for  meeting  at  which  it  is  to  be  voted 

on, 95 

statement  may  be  substituted  for  copy  to  be  sent  to  registered  voters,        93 
question  of  approval  of,  to  be  printed  on  ballot,          ....        89 


INDEX.  173 


Contest,  notice  of  intention  to,   in  cases  of  elections  or  nominations  by 

caucuses,          ....  ....          56,  111 

Contested  elections,  ballots  to  be  retained  subject  to  order,  etc.,    .          .         .       Ill 

of  presidential  electors, 107,  108 

"Convention,"  term  denned, 6 

Conventions,  selection  of  delegates  to,  .         .  41,  43-48,  51,  52,  66,  67 

date  of  holding,       .          . 47, 67 

nomination  of  candidates  by,  ........  66-73 

presiding  officer  and  secretary  of,  to  sign  and  swear  to  certificate  of 

nomination,  etc.,      .........        67 

secretary  of,  to  file,          .........        67 

blank  certificate  of  nomination  to  be  furnished  for  use  of  presiding 

officer  and  secretary  of,     ........        73 

may  provide  for  filling  vacancy  caused  by  withdrawal,  ineligibility  or 

death  of  candidate,  .........         72 

provision  relative  to  corrupt  practices  and  election  expenses,  applicable 

to, 125 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,     127,  128 
penalty  on  officer  of,        .........       143 

Copies  of  records  of  votes.     (See  Returns  of  votes.) 

Corporations,  certain,  not  to  make  political  contributions,  etc.,      .         .        121,  122 
may  publish  or  circulate  paid  matter  on,  on  referendum  affecting 

their  own  property,  etc., 122 

Corrupt  practices  in  elections,  prevention  of,        .....         119-126 
Councillors,  elected  annually  on  the  Tuesday  next  after  the  first  Monday  in 

November, 94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,   . ...       105 

Count  and  canvass  of  votes, 101-104 

Counting  of  ballots,  when  voting  is  in  progress,  ......       103 

apparatus  for, 83-87 

County  commissioners,  election,  term  of  office,  etc.,      ...  95,  129,  131 

returns  of  votes  for,  to  be  transmitted  to  clerks  of  the  courts,      .         .       105 
to  examine  votes  for  county  treasurers  and  registers  of  deeds,  notify  per- 
sons elected  and  secretary  of  the  commonwealth,          .         .         .       108 
board  of  examiners  to  examine  votes  for,  notify  persons  elected  and 

secretary  of  the  commonwealth,          ......       108 

may  order  new  return  if  original  appears  to  be  incomplete  or  erroneous,  109 
to  designate  place  of  meeting  of  clerks  in  representative  districts,  .  109 
may  recount  ballots  for  county  treasurers  and  registers  of  deeds,  111.  112 
not  to  give  information  regarding  ballot  cast  by  challenged  voter,  .  114 
to  issue  precept  for  new  election  in  case  of  failure  to  elect,  or  vacancy 

in  office  of  county  treasurer  or  register  of  deeds,  .         .         .116 
in  case  of  failure  to  elect,  or  vacancy  in  office  of,  board  of  examiners 
to  issue  precept  for  new  election,  and  notify  secretary  of  the  com- 
monwealth,        117-118 

may  appoint  a  county  treasurer  or  register  of  deeds  to  hold  office  until 

an  election,  in  case  of  a  vacancy, 116,117 


174  INDEX. 


County  commissioners,  in  case  of  vacancy  in  office  of,  appointment  may  be 

made  by  remaining  commissioners  and  clerk  of  courts,  .          .       117 

to  send  copy  of  precept  to  the  secretary  of  the  commonwealth,  .       118 

not  more  than  one  commissioner  or  associate  commissioner  to  be 

chosen  from  the  same  city  or  town,    .          .          .          .          .          .129 

to  appoint  assessors  in  certain  towns,         .          .          .          .          .          .141 

penalties  on,  .........         144,  145 

associate,  election  of,  etc.,        .          .          .          .          .          .          .95,  129,  131 

County  treasurers,  election,  term  of  office,  residence,    .          .          .          .95,  129,  131 

return  of  votes  for,  to  be  made  to  county  commissioners  within  ten 

days, 105 

county  commissioners  to  examine  votes  for,  notify  person  elected  and 

secretary  of  the  commonwealth,          .          .          .          .          .          .108 

in  case  of  failure  to  elect,  or  vacancy  in  office  of,  county  commissioners 
to  issue  precept  for  new  election,  and  notify  secretary  of  the  com- 
monwealth,     ..........       118 

in  case  of  vacancy  in  office  of,  appointment,  etc.,        .          .          .          .116 

Criminal  prosecutions  for  offences  against  the  election  laws,  .          .          .    9,  10 

D. 

Day  and  hour,  last,  for  filing  nominations,  .          .          .47,  50,  52,  59,  70,  71 

Days,  number  of,  how  to  be  computed  in  election  laws,         .          .          .          .    8,  19 

Deaths,  returns  of,  to  be  made  to  registrars  of  voters  monthly,      ...         14 
Defective  ballots,  to  be  marked,  etc.,          .......       103 

Delegates,  in  case  of  tie  vote,  to  be  chosen  by  other  delegates,  etc.,        .         .  47,  52 

proceedings  for  filling  such  vacancy,  ......         47 

to  state  conventions  to  be  elected  by  direct  plurality  vote,         .          .         43 

to  receive  certificate  of  election,        .......         54 

Delegation  to  convention,  proceedings  for  filling  vacancies  on,  .          .  47,  52 

Deputy  clerks.     (See  Election  officers.) 

Deputy  inspectors.     (See  Election  officers.) 

Deputy  wardens.     (See  Election  officers.) 

Designation,  political,  or  other,  of  candidates,      .         41,  44,  49,  50,  59,  69,  72,  87,  88 

Direct  nominations,  returns  of  caucuses  when  made,    .....         54 

certain  provisions  of  law  to  apply  to  caucuses  held  for,        ...         67 
Direct  plurality  vote,  candidates  for  certain  offices  to  be  nominated  by,       43,  48,  51 

members  of  state  committees  to  be  elected  by,  ....         36 

Discharging  voters  on  account  of  vote,  penalty  for,      .  .          .          .152 

Disorderly  conduct,  at  sessions  of  registrars  of  voters,  penalty  for,  etc.,  .       148 

at  caucuses,  primaries  or  elections,  penalty  for,  .          .          .          .152 

Disputed  elections.     (See  Contested  elections.) 
District  attorneys,  election,  term  of  office,  residence,    .          .          .          .94,  128,  131 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,    105 

in  case  of  failure  to  elect,  or  vacancy  in  office  of,  governor  to  order  new 

election,  .          .          .          .          .          .          ...          .          .       115 


INDEX.  175 

PAGE 

District  attorneys,  in  case  of  vacancy  in  office  of,  appointment,  etc.,      .         .115 
to  be  notified  of  defective  statements  of  election  expenses,  .         .         .       125 
to  prosecute  in  certain  cases,    ........       125 

to  attend  inquests  in  election  cases,  etc.,  ......       127 

Documents  relating  to  registration,  to  be  preserved  for  two  years,          .         .        25 
Duplicate  voting  lists,  to  be  prepared  for  use  at  elections  and  meetings,          .        27 

E. 

Election,  term  defined,      . 6 

Election  cases,  inquests  in, 127,  128 

Election  commissioners,  city  of  Boston,  appointment,  term,  etc.,  .         .         .32,  33 
powers  and  duties  of,  .         .         .         .         ...         .         .          9 

to  constitute  the  Boston  ballot  law  commission,          ....        33 

to  appoint  assistant  registrars  of  voters,    ......        33 

to  provide  polling  places  for  primaries,      .         .         .         .         .         .39 

to  provide  blank  nomination  papers  for  primaries,      ....         58 

may  remove  election  officer  on  day  of  election,  .....         78 

to  appoint  election  officers,       ........        78 

police  commissioner  to  give  notice  in  writing  to,  that  more  time  is  neces- 
sary for  listing,         .........        29 

may  remove  election  officers,   . 78,  79 

may  prefer  charges  against  election  officer, 78 

to  fill  vacancies  in  election  offices, 79 

to  meet  on  certain  days  to  certify  names  on  primary  nomination  papers,        45 
may  make  regulations  as  to  use  of  seals,  ballot  boxes,  counting  ap- 
paratus, etc.,  receiving  and  returning  votes,         ....          9 
to  post,  in  places  of  registration,  laws  prescribing  penalty  for  illegal 
registration,     .......  . 

registration  by,  to  be  in  open  session, 24 

complaints,  certificates,  etc.,  received  by,  to  be  preserved  for  two  years,        25 
may  enforce  regularity  of  proceedings,  maintain  order,  etc.,         .         .        25 
to  prepare  voting  lists,    .........  25,  36 

to  prepare  an  annual  register,  .         .         .         .         .         •         .  31, 32 

to  transmit  to  listing  board  before  April  1,  a  list  of  women  voters  of 

preceding  year, 

to  notify  voters  of  previous  year  whose  names  have  not  been  entered 

in  annual  register  of  current  year,     ...  32 

sessions  for  registration  of  voters,     .         . 
to  examine  applicants  for  registration  under  oath, 
to  prepare  copies  of  voting  lists  in  pamphlet  form,      ....        36 

to  canvass  primary  returns,     ...  ...  39,  46 

Election  days,  sale,  etc.,  of  intoxicating  liquors  on,       .                                      .      8,  9 
Election  expenses,  receipts,  payments,  statements,  etc.,                            .        119-126 
payments  by  candidates  to  political  committees,  limited,, 
to  be  inspected,      .         .                                                         .                  124,125 
Election  laws,  etc.,  evidence  in  prosecution  for  violation  of, 
Election  officer,  term  defined, 6 


176  INDEX. 


Election  officers,  to  be  furnished  with  map  or  description  of  voting  precincts,         76 
of  each  voting  place,  relative  to,       .......  77-81 

removal  of,  vacancy,  etc.,         .         .         .         .         .         .         .         .  78,  79 

certain,  not  to  be  appointed  in  certain  cities,      .....  77,  78 

to  equally  represent  the  two  leading  political  parties,  etc.,  .          .         .78,  79 
absent  at  opening  of  polls,  etc.,  place  may  be  filled,    ....         79 

persons  not  eligible  as,  when  candidates  to  be  voted  for,      ...         79 
to  be  sworn,  ...........        80 

deputy  to  act  in  absence  of  principals,       .         .         .         .  79 

in  city  of  Boston  may  require  voters  to  write  their  names,  .          .         36 

duties  of,  when  substitute  ballots  are  furnished,          ....         94 

at  opening  of  polls  to  see  that  ballot  box  is  empty,     ....  96,  97 

in  charge  of  ballot  box  and  voting  list,  respectively,  to  be  of  different 

political  parties,        .........         97 

not  to  make  statements  relative  to  the  voting  at  elections  until  public 

declaration  of  vote,  ........         97 

to  report  violation  of  provisions  of  law  to  police,         ....         99 

who  are  to  assist  disabled  voters  in  marking  ballots;    to  certify  on 

ballots, 100 

not  to  mark  ballots,  etc.,          ........       100 

when  voting  machines  are  used,        .......         86 

to  distinctly  announce  and  repeat  names  of  voters  and  check  names  on 

lists  before  ballots  are  deposited  in  box,      .....       101 

not  to  make  statements  relative  to  ballots  cast  by  challenged  voters,   101,  114 
duties  of,  in  the  count  and  canvass  of  votes,      .          .          .          .         101-104 

shall  not  announce  vote  until  all  ballots  have  been  counted,         .         .       103 
presiding  officer  to  select  officers  to  count  votes  removed  before  close 

of  polls, 103 

endorsement  of,  on  envelope  containing  ballots,  ....       103 

to  certify  on  envelope  to  the  identity  of  voting  lists  used  at  an  election,       103 
may  affix  seals  to  envelope  containing  ballots,    .....       103 

to  make  an  additional  record  of  votes,  etc.,        ....         105,  110 

of  a  ward  or  precinct  composing  a  part  of  a  representative  district,  to 
make,  seal,  and  deliver  to  clerk  a  copy  of  record  of  vote  for  repre- 
sentative,        ..........       109 

penalties  on,  ..........         143-145 

penalty  for  disobedience  of  lawful  commands  of,         ....       152 

in  cities,  when  new  division  into  wards  is  made,          ....        76 

compensation  of,    .          .         .          .         .          .          .         .         .          .81 

Elections,  prevention  of  corrupt  practices  in,       .....         119-126 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,      127,  128 
in  cities,  to  be  held  on  Tuesdays,      ....... 

Elective  office,  term  defined,      .........          6 

Electors  of  president  and  vice  president  of  the  United  States,  addition  to 
designation  on  certificate  of  nomination,  nomination  paper  and 

ballot, 69,89,90 

arrangement  of  names  of  candidates  on  ballot,  etc.,    .          .          .          .  89,  90 
election  of,     .  ....  94,  128 


INDEX.  177 

PAGE 

Electors  of  president  and  vice  president  of  the  United  States,  marking  of 

ballots  in  voting  for,  .......          99,  100 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105 

returns  of  votes  for,  to  be  examined  by  governor  and  council  and  procla- 
mation to  be  made,  etc.,   .......        106,  107 

candidates  for,  receiving  not  less  than  one  fifth  of  votes,  may  apply 

to  supreme  judicial  court  for  declaration  of  election,    .          .          .       107 
governor  to  issue  certificates  of  election  to,  when,  etc.,         .         .         .       107 
final  determination  of  contested  elections  of,       .          .          .          .        107,  108 

if  majority  of,  are  not  chosen  by  the  people,  remaining  number  to  be 

chosen  by  legislature,        .          .         .          .          .          .         .         .114 

vacancy  in,  how  filled,     .          .          .          .          .          .          .          .          .114 

to  meet  and  organize  on  the  Saturday  preceding  the  second  Monday  in 

January  succeeding  their  election,       .          .          .          .          .          .118 

secretary  of  the  commonwealth  to  preside  until  presiding  officer  is 

chosen,    ...........       118 

to  vote  on  the  second  Monday  in  January  for  president  and  vice  presi- 
dent, and  certify  and  transmit  their  votes  to  seat  of  government,       118 
compensation  of,  for  travel  and  attendance,        .          .          .          .          .119 

Employees  in  manufacturing,  mechanical  or  mercantile  establishments,  to 

be  allowed  time  to  vote,    ........          8 

Enrolment,  party,  of  voters,  how  made,  changed,  etc.,  .          .          .          .  42,  43 

Envelopes  and  blanks  for  returns  to  be  furnished  by  the  secretary  of  the  com- 
monwealth and  clerks  of  the  courts,  .....         83 

Errors,  in  names  or  residences  of  persons  assessed,  to  be  corrected,          .          .         11 
in  registration,  correction  of,    .          .          .         .         .         .         .         .23 

in  names  or  residences  of  persons  assessed,  assessors  to  be  notified,       .         24 
in  caucus  nomination  papers,  correction  of,        .....  59,  61 

in  records  of  votes,  correction  of,      ....  104,105,109,110 

Evidence  in  prosecutions  for  violation  of  caucus  or  election  laws,  .         .         .     9,  10 

Examiners,  board  of.     (See  Board  of  examiners.) 

Expenses,  election,  and  corrupt  practices  in  elections,  ....         119-126 

what  may  be  incurred  by  political  committees,  .          .          .         119,120 

personal,  term  defined,    .          .          .          .          .          . 

F. 

Failure  to  elect,  state  officers, 114-118 

town  officers, 140-141 

False  affidavit,  penalty  for  making,    .....  •       147 

False  answer,  statement  or  name,  penalties  for  giving,  145,  146 
False  certificate,  paper,  endorsement,  etc.,  penalties  for  making,    . 

False  name,  penalty  for  voting  under,         .         .         .  145, 146 

False  statement,  as  to  inability  to  mark  ballot,  penalty  for  making,  .         .       146 

on  nomination  papers,  penalty  for  subscribing  to,                 .  .          .45 
Females.     (See  Women.) 


178  INDEX. 

PAGE 

Fence  viewers  in  towns,  election,  etc., 

Field  drivers  in  towns,  election,  etc.,  .....  .       133 

Fraudulent  impersonation  of  voters  in  city  of  Boston,  to  prevent, 
Fraudulent  voting,  etc.     (See  Penalty.) 

G. 

General  ballots,  description  of,  number  to  be  furnished,  etc.,          .  .  87-96 

General  court.     (See  Legislature.) 

General  register  of  voters,  to  be  kept,          ....  20 

form  of ;  books  for,  to  be  furnished  by  the  secretary  of  the  common- 
wealth at  cost,  ....  20 

revision  and  correction  of,        ...... 

in  Boston,  preparation  of,         ........         33 

Governor,  to  be  elected  annually  on  the  Tuesday  next  after  the  first  Monday 

in  November,  ......  94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  com- 
monwealth,     ...... 

in  the  presence  of  at  least  five  councillors,  to  certify  to  results  of  exam- 
ination of  returns  of  votes,         .....  .       106 

after  examination,  to  deliver  returns  of  votes  and  certificate  of  exam- 
ination to  secretary  of  the  commonwealth,  .          .          .          .106 

to  issue  certificates  to  presidential  electors, 

to  convene  the  legislature  in  case  of  failure  to  elect  a  majority  of  presi- 
dential electors,         ...... 

to  issue  precept  for  election  of  representative  in  congress,  in  case  of 
vacancy  or  failure  to  elect,         ...... 

to  issue  precepts  for  elections  in  case  of  vacancies  or  failure  to  elect  cer- 
tain district  and  county  officers,          .          .          .          .          .          .115 

to  issue  precept  for  election  of  United  States  senator,  in  case  of  vacancy 

or  failure  to  elect,     ........         114,115 

Governor  and  council,  to  appoint  supervisors  of  registration  upon  petition,     . 
to  appoint  three  ballot  law  commissioners  and  determine  compensa- 
tion,       .          .          . 

to  appoint  supervisors  of  elections  upon  petition  of  ten  qualified  voters,         81 
to  examine  returns  of  votes,     ..... 

not  to  reject  return  of  votes  because  of  informality,  etc.,     .          .        105,  106 
to  examine  returns,  etc.,  for  presidential  electors,  and  to  make  procla- 
mation,    106,  107 

may  order  new  returns  of  votes  if  originals  appear  to  be  incomplete  or 
erroneous,        ..... 

to  appoint  sheriff,  district  attorney  and  register  of  probate  and  insol- 
vency to  fill  vacancy,        ....... 

Guard  rail  to  be  constructed  at  each  polling  place,  etc.,         .  .  58,  82 

persons  permitted  inside  of,      ........        98 


INDEX.  179 

H. 

PAGE 

Health.     (See  Boards  of  health.) 

Highways  in  towns,  surveyors  of,  ....          133,  134,  138 

Holiday,  when  final  day  of  registration  falls  on, 19 

filing  of  certificates  of  nomination  in  towns  when  final  day  falls  on,       .  70,  71 
Holidays  to  be  included  in  computing  time  in  election  laws,  ...          8 

Hour  for  calling  caucuses,  .........  55-58 

Hour  and  day,  last,  for  filing  nominations,  ....          46,  50,  59,  70 

i. 

Illegal  or  incorrect  registration,  proceedings  in  case  of,  ....  23,  24 

penalty  for,    ...........       147 

Illegal  voting,  duties  of  ofFcers,  ........        99 

penalties  for,  .........         145-146 

Impersonation  of  voters,  to  prevent  fraudulent,  in  city  of  Boston,         .          .         36 
Independent  voter,  not  to  be  excluded  from  caucuses,  ....         38 

Inquests  in  election  cases,  ........         127,  128 

Inspectors,  to  act  as  ballot  clerks  (see  also  Election  officers),          ...        80 
Institutions,  list  of  persons  confined  in  certain,  to  be  transmitted  to  election 

commissioners  of  Boston,  .......         14 

Instruction  to  voters,  cards  of,  to  be  prepared  and  furnished,         ...        91 
Intoxicating  liquor.     (See  Liquors.) 

J. 

Justice  of  the  peace,  may  administer  oath  to  supervisors  of  elections,  .  .  81 
may  call  a  town  meeting  upon  refusal  of  selectmen,  etc.,  .  .  .  131 
may  administer  oath  to  town  officer  elect,  .....  138 

L. 

Legislature,  members  of,  to  be  elected  on  the  Tuesday  next  after  the  first 

Monday  in  November,       .......          94,  128 

recount  of  ballots  by,      .          .          .          .          .          .          .         .         .112 

proceedings  of,  when  a  majority  of  presidential  electors  are  not  elected 

by  the  people,  .........       114 

elections  in,  provisions  relative  to  corrupt  practices  and  election  ex- 
penses applicable  to,  .       126 
Lieutenant  governor,  to  be  elected  annually  on  the  Tuesday  next  after  the 

first  Monday  in  November,        ......          94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,      ...       105 

Liquors,  sale,  etc.,  of,  on  election  days,        .  .      8, 9 

in  polling  places,  forbidden,  under  penalty,         ....  98,  152 

questions  of  granting  licenses  for  sale  of,  to  be  placed  on  ballot,  .  89,  139 

in  towns  polls  to  be  kept  open  at  least  one  hour,          ....         95 


180  INDEX. 

PAGE 

Liquors,  in  towns  divided  into  precincts,  may  be  voted  on  by  precincts,  .       139 

returns  of  votes,  how  canvassed,       .......       140 

votes  upon,  recount  of,    .         .         .         .         .         .         .         .         112-114 

voting  lists  to  be  used,    .         .         .         .         .         .         .         .         .137 

Listing  and  registration  of  voters  in  Boston,         ......  28-36 

Listing  board,  in  Boston,  how  constituted,  ......         28 

to  make  lists  of  male  persons,  .......         28 

to  make  lists  of  women  voters,          .......         29 

to  correct  errors  in  lists,  .          .          .          .          .  .          .29 

to  transmit  copies  of  lists  to  election  commissioners,  ....         30 

to  prepare  printed  copies  of  lists,       .......         30 

to  give  certificates  of  residence  in  certain  cases,  ....  -30,  31 

to  post  in  place  when  oaths  are  administered  copy  of  section  430,          .         31 
to  cause  to  be  printed  names  and  residences  of  applicants,  .          .         31 

police  commissioner  to  give  notice  in  writing  to,  that  more  time  is  neces- 
sary for  listing,          .          .          .          .          .          .          .          .          .         29 

List  of  assessed  polls.     (See  Assessed  polls,  list  of.) 

List  of  voters  for  use  in  cities  in  making  new  division  into  wards,  .          .  27,  28 

Lists  of  candidates,  to  be  posted  and  published,  .         .         .         .         .         .91 

Lists  of  voters.     (See  Voting  lists,  and  Annual  register.) 

Lists,  etc.,  places  of  posting,      .........          9 

M. 

Machinists  to  examine  voting  machines,  compensation  of    .         .         .         .84 

Magistrates  to  ascertain  identity  of  persons  making  oath  to  nomination  papers,         69 
Manufactory,  etc.,  employee  in,  to  be  allowed  time  to  vote,  ...          8 

Map  or  description  of  new  voting  precincts  to  be  published,  etc.,  ...         77 
Marking  of  ballots,  by  voter,     .          .         .          .          .          .          .          .          .  41, 99 

penalty  for  fraudulent,    .          .          .          .          .          ..          .          .151 

Marking  shelves  and  supplies  for  marking  ballots  to  be  furnished,  etc.,  .         82 

Mayor,  duties  of,  when  leading  political  parties  are  not  equally  represented  on 

board  of  registrars  of  voters,  etc.,       .          .          .          .          .          .         16 

may  appoint  temporary  registrars  of  voters,       .....         16 

to  remove  election  officers  in  certain  cases,         .....         79 

may  appoint  city  clerk  pro  tempore,          .          .          .          .          .          .81 

and  city  council,  to  approve  statement  of  proposed  law  or  amendment, 

etc.,  to  be  sent  to  voters,  .......        93 

Mayor  and  aldermen,  to  appoint  registrars  of  voters,  etc.,     .          .          .          .  14, 15 

to  appoint  election  officers  in  each  precinct,        . 

may  remove  election  officers  for  cause,       ......         78 

to  appoint  election  officer  to  fill  vacancy,  .....         79 

Mechanical,  etc.,  establishments,  persons  employed  in,  to  be  allowed  time  to 

vote, 8 

Meetings  for  elections,  calling  of,  .          .          .          .          .  95,  131 

election  officers  at,  to  be  provided  with  list  of  persons  entitled  to  vote  at,         27 
ballot  clerks  at,  to  check  name  of  voter  on  list  and  distinctly  announce 

name  before  giving  out  ballot,   .......         99 


INDEX.  181 

PAGE 

Meetings  for  elections,  election  officers  at,  to  check  name  of  voter  on  list  and 

distinctly  announce  name  before  he  votes,  .         .         .        100,  101 

how  votes  shall  be  deposited  in,        .....          101, 138, 139 

proceedings  when  right  to  vote  is  challenged  in,  .          .          .          .101 

penalty  for  disorderly  conduct  and  illegal  voting  at,   .         .         .        150,  152 
time  of  opening  and  closing  polls  at,          ......        95 

for  state  officers,  selectmen  to  preside  at,  if  town  is  not  divided  into 

voting  precincts,       ..........         80 

time  of  closing,  after  announcement,  not  to  be  changed  to  earlier 

hour, 95 

in  towns.     (See  Town  meetings.) 

in  towns  divided  into  precincts  voting  for  the  election  of  state  officers,        76 

for  election  of  town  officers,     .          .          .         .         .         .    •      .         .       139 

for  general  business,         .........       139 

for  political  purposes,  the  holding  of,  regulated,  ....  52-54 

of  clerks  of  cities  and  towns  composing  a  representative  district,  .       109 

Mercantile  establishments,  etc.,  employees  in,  to  be  allowed  time  to  vote,  .  8 
Minor  may  be  registered  if  he  will  be  of  age  before  the  election  next  ensuing,  22 
Moderator  and  clerk  in  towns,  may  cause  ballots  to  be  counted  while  voting 

is  in  progress  .........       103 

Moderators  of  town  meetings,  election,  etc., 132,  137 

may  be  elected  for  the  term  of  one  year, 132 

when  not  elected  for  one  year  to  be  first  chosen  at  town  meeting  ex- 
cept for  state  election,       .         .          .         .         .         .         .         .       132 

voting  list  to  be  used  at  election  of, 137 

ballot  to  be  used  at  election  of,  etc., 137 

penalty  for  printing  unauthorized  ballots  for,     .....       150 
ballots  for,  to  be  received  and  counted  although  not  in  conformity  with 

requirements,  .          .         .          . 337 

may  appoint  additional  ballot  clerks, 80 

to  fill  vacancies  in  office  of  ballot  clerk,     ......        80 

to  be  chosen  before  ballots  are  furnished  to  voters,     ....        94 

to  see  that  ballot  box  is  empty  before  the  opening  of  the  polls,    .          .  96,  97 
to  direct  how  balloting  shall  proceed  when  state  ballot  box  cannot  be 

used,       ...  .         .  ....        97 

to  require  persons  smoking  or  having  liquor  to  withdraw,  etc.,     . 

to  require  disorderly  persons  to  be  detained,  etc.,        ....  98,  99 

to  report  violations  of  law,       .... 

to  check  name  of  voter  on  registrar's  certificate  and  to  attach  certificate 

to  voting  list,  .......•••        26 

to  receive  votes  of  registered  voters, 

in  certain  towns,  to  receive  ballots  for  deposit  in  ballot  box,  open  and 

unfolded,          ....  138,139 

not  to  give  information  regarding  ballot  cast  by  challenged  voter, 
duties  of,  in  the  count  and  canvass  of  votes, 
to  direct  how  canvass  of  votes  shall  be  made  when  state  apparatus  and 

blank  forms  cannot  be  used, 102 


182  INDEX. 

PAGE 

Moderators  of  town  meetings,  may  appoint  additional  tellers  to  aid  in  check- 
ing names  or  canvassing  and  counting  votes,       ....         80 
may  administer  oaths  to  election  officers,  .....         80 

to  cause  voting  lists  and  ballots  to  be  publicly  enclosed  in  envelope, 

etc., 103,  137,  138 

to  deliver  voting  list  and  ballots  to  town  clerk,  .....       104 

recount  of  ballots  by,       .          .          .          .          .          .          .          .          .112 

to  notify  interested  candidates  before  recounting  ballots,     .          .          .112 
to  adminster  oath  to  town  officers  elect,    .          .          .          .          .          .138 

not  to  examine  or  read  ballot  or  permit  it  to  be  done,          .          .          .       139 
Money,  receipt,  payment,  etc.,  of,  for  election  expenses,  etc.,         .          .         119-126 
Municipal  party,  term  defined,  ........  6 

taking  part  in  caucuses  of,  not  to  affect  right  to  take  part  in  caucuses  of 

a  political  party,       .........         53 

N. 

Name,  false,  or  false  answer,  penalty  for  giving,  .          .          .          .         1 45-,  146 

Names  of  candidates,  with  residences,  etc.,  to  be  placed  upon  certificates  and 

nomination  papers,  .          .          .          .          .          .          .          44, 49, 59, 69 

may  be  withdrawn  from  nomination;  time,  etc.,         .          .    46,50,52,60,72 
with  residences,  etc.,  to  be  placed  upon  ballots,  ....  87-90 

arrangement  of,  upon  ballots,  .          .          .          .          .          .          41, 61, 88-90 

Names  of  persons  liable  to  be  assessed,  lists  of,  to  be  made  by  assessors,  etc.,  .  11 
to  be  transmitted  by  assessors  to  registrars  except  in  Boston,  .  .  11 
corrections  in,  to  be  made  by  assessors,  etc.,  .  .  .  .  .  11,  12 

Names  of  voters,  to  be  placed  or  retained  on  registers  of  voters,    .          .          .  20-24 
to  be  written  in  full,  etc.,  on  registers,  etc.,        .....        20 

to  be  distinctly  announced  before  placing  them  on  general  register,     .         25 
errors  in,  registrars  to  correct,  etc.,  .......         23 

errors  in,  registrars  to  notify  assessors,      ......         24 

entered  in  annual  register,  to  be  posted,  times  and  places,  .          .          .25,  26 
additional,  entered  in  annual  register,  to  be  posted  or  published,  etc.,  .         26 
entered  in  annual  register,  to  be  placed  on  voting  list,         .         .          .25,  26 
may  be  stricken  from  registers  upon  notice  and  examination,  etc.,         .        24 
entitled  to  vote  for  part  of  officers,  to  be  placed  together,  etc.,     .          .         26 
number  of,  required  on  nomination  paper,          .          .       44,  49,  58,  59,  67,  68 
requisite  number  of,  on  nomination  paper,  to  be  certified  by  registrars 

of  voters,  or  election  commissioners,  .          .          .          .          .          .  45,  50 

to  be  announced,  repeated  and  checked  on  list  before  voters  receive 

ballots, .99 

to  be  announced,  repeated  and  checked  on  list  before  voters  deposit 

ballots, 100,  101 

Names  of  women  voters,  may  be  placed  in  separate  columns  or  lists,      .          .  25,  26 
list  of,  to  be  transmitted  to  assessors,         ......         21 

list  of,  to  be  returned  to  registrars  of  voters,      .          .          .          .          .         12 

National  convention,  election  of  delegates  to,  etc.,       ......         51 


INDEX.  183 

• 

PAGE 

National  convention,  vacancy  in  delegation  to,  how  filled,    .  52 

Naturalization  papers,  to  be  produced  for  inspection  before  name  is  placed 

on  register,  etc.,        ........  22 

Nomination,  certificates  of.     (See  Certificates  of  nomination.) 

Nomination  filed,  etc.,  to  be  valid,  unless  objections  are  filed,  etc.,         .         .  39,  71 

Nomination  of  candidates,  by  caucus  or  primary,         .....  38-67 

by  convention, 48,  49,  67,  72 

by  individual  voters, 44,  49,  55,  67,  68 

by  other  than  political  parties,          .          .          .         .         .         .         .  64  65 

by  direct  nomination,      ........      43,  51,  66 

to  fill  vacancy  caused  by  withdrawal,  ineligibility  or  death,    46,  52,  60,  72,  73 
notice  of,  to  be  sent  to  candidates,    .          .          .         .         .         .         .54 

notice  of  intention  to  contest,  .         .          .         .         .         .      39, 56, 71 

Nomination  or  election  of  candidates,  act  relative  to  corrupt  practices  and 

election  expenses  applicable  to,  ......       126 

Nomination  papers,  blank  form  of,  to  be  furnished  by  the  secretary  of  the 

commonwealth,         .         .         .         .          .         .         .         .         .  46, 73 

form,  contents,  number  of  signatures,  etc.,  .  39,  44-46,  49,  50,  58-61,  69 
requisite  number  of  signatures  on,  to  be  certified  by  registrars  of 

voters,    .  '     .          45,50,68,69 

nomination  of  candidates  by, 67-73 

who  may  sign, 45,  49,  50,  58,  67,  68 

number  of  signatures  required  on,  to  nominate  a  candidate,  44,  49,  58,  59,  67,  68 
political  or  other  designation  of  candidates  on,  .  .  .  44,  49,  59,  69,  70 
one  of  signers  to  swear  to  truth  of  statements  in,  etc.,  ...  69 
time  of  filing  with  secretary  of  the  commonwealth,  or  city  or  town 

clerks, .         .          46,50,70,71 

certifying  to  names  on,    .........        45 

boards  of  registrars  of  voters  and  in  Boston  the  election  commissioners 

to  hold  meetings  on  certain  days  to  certify  to  names  on,         .         .        45 
to  be  filed  by  some  responsible  person,  etc.,        .....        70 

written  acceptance  of  candidates,  to  be  filed  with,  .  .  .  45,  49,  70 
objections  to,  may  be  made  in  writing;  time  of  filing,  39,  46,  71,  72,  73 

objections  to,  shall  be  considered  and  questions  decided  by  certain 

officials, 71,  72 

to  be  preserved  for  one  year,  open  to  public  inspection,       ...        73 
may  state,  in  not  more  than  eight  words,  occupation,  etc.,  of  candi- 
date,         44,49,50,59 

act  relative  to  corrupt  practices  and  election  expenses  applicable  to,  .       126 
(caucus)  blanks  to  be  provided  by  city  or  town,          ....        58 

notices  relative  to  filing  of,  to  be  published,        ...          39,  48,  52,  57 
to  be  sealed  and  filed  in  office  of  secretary  of  city  or  town  committee 

ten  days  before  caucus,     ........        59 

time  of  filing  to  be  endorsed  upon,    .......         59 

not  to  be  opened  until  time  for  filing  has  expired,       ....        59 

to  be  publicly  opened,      ...  .59 

correction  of  errors,  irregularities,  etc.,  in,  .....  59,  61 


184  INDEX. 

• 

PAGE 

Nomination  papers,  for  state  primaries,  last  day  for  filing,    ....         46 

blanks  for  state  primaries  to  be  furnished  by  secretary  of  the  common- 
wealth,   ...........         46 

blanks  for  city  or  town  primaries  to  be  furnished  by  city  or  town 

clerk,      ............         49 

if  none  are  filed,  ward  committee  to  be  notified,          ....  59,  60 

may  be  made  by  ward  committee  in  such  case,  .          .          .          .  59,  60 

two  sets  of  papers  may  be  filed  in  such  case,  if  ward  committee  dis- 
agrees,    ...........         60 

in  case  of  withdrawal  new  paper  may  be  filed,    .          .          .          .          .46,  60 

to  be  delivered  to  city  or  town  clerk,  or  election  commissioners,  .          .         60 
political  committees  shall  not  demand  money  as  a  prerequisite  for  fur- 
nishing, ...........       121 

Nominations  for  caucuses,  at  which  official  ballots  are  used,  must  be  made 

by  nomination  papers,       ......  .  58,  59 

may  be  made  by  ward  committee,  if  not  made  otherwise,    .          .          .59,  60 
Notices,  relating  to  elections,  place  of  posting,     .....  9 

of  caucuses, 52,  53,  55-57,  65 

of  intention  to  contest  elections  or  nominations  by  caucuses,        .          .         56 

o. 

Oath,  to  be  taken  by  registrars  and  assistant  registrars,         .          .          .          .         16 

applicants  for  registration  to  be  examined  under,        ....  22,  35 

applicants  for  listing  in  Boston  to  present  statement  under,          .          .         30 
no  voter  to  be  prevented  from  voting  in  caucus  if  he  takes,          .          .         53 
to  be  taken  by  challenged  voter  in  caucuses,      .         .         .         .         .  53,  54 

to  be  taken  by  caucus  officers,  .......         64 

to  be  taken  by  one  of  the  signers  to  nomination  papers,       ...         69 
may  be  administered  by  state  ballot  law  commission,  ...         74 

to  be  taken  by  election  officers,         .......        80 

to  be  taken  by  city  or  town  clerk  pro  tempore,  ...          81,  140 

supervisors  of  elections  to  take,         .          .          .          .          .          .          .81 

to  be  taken  by  challenged  voter,       .......       101 

to  be  made  to  statement  of  election  expenses  and  complaints,      .          .       124 
to  be  taken  by  persons  elected  to  the  office  of  town  clerk,   .          .          .       138 

to  be  taken  by  town  officers, 138 

assessors  appointed  to  take,     .          .          .          .          .          .          .          .141 

penalty  for  making  false, 

Objection  to  nominations,  to  be  made  in  writing;  time  of  filing,    .          .          .         71 
to  be  considered  and  questions  decided  by  certain  officials,  .          .  61,  71 

to  be  preserved  for  one  year  open  to  public  inspection, 

Office,  city  or  town.     (See  City  or  town  office.) 
state.     (See  State  office.) 

Officer,  city  or  town.     (See  City  or  town  officer.) 
state.     (See  State  officer.) 

Officers,  civil.     (See  Civil  officers.) 


INDEX.  185 


Officers,  election.     (See  Election  officers.) 

police.     (See  Police  officers.) 

presiding.     (See  Presiding  officers.) 

Official  ballot,  term  defined, 6 

Organization,  of  state,  city  and  town  committe.es, 37 

of  presidential  electors,    .          .          .          .         .         .         .         .         .118 

Overseers  of  the  poor  in  towns,  number,  election,  term  of  office,  sex,  etc.,        133-138 

women  to  be  eligible  as,  ........       134 

selectmen  may  act  as,  if  none  are  chosen, 137 

P. 

Partial  ballots  for  use  of  certain  voters, 90 

Party,  political.     (See  Political  parties.) 

Pasters,  to  be  placed  upon  official  ballots,  .......        96 

Penalty,  on  assessor  or  assistant  assessor,    .         .         .         .         .         .  142 

on  registrar  or  assistant  registrar,     ......        142,  143 

on  member  of  listing  board  or  police  officer  in  Boston,         .         .         .       143 
on  officer  of  primary,  caucus,  or  convention,      .....       143 

on  caucus  officer  for  violating  provisions  of  section  155,       .          .         .       143 
on  supervisors  of  elections,       ........       143 

on  election  officer,  .........        143,  144 

on  presiding  officer,          .........       144 

on  person  elected  to  public  office  violating  law  relating  to  corrupt 

practices,          ..........       153 

on  officer  recounting  ballots,    .          .          .          .          .         .         .         .144 

on  corporation  violating  provisions  of  sections  354  to  356,   .  .       153 

on  city  or  town  clerk  or  election  commissioners,          .         .         .         144,  145 
on  candidate  violating  any  provision  relating  to  corrupt  practices  in 

elections,          ..........       153 

on  city,  town,  or  precinct  clerk  or  election  commissioners,  .          .          .       145 
on  political  committee  violating  any  provision  of  section  358,       .          .       153 
on  selectmen,  ........  .       145 

on  any  public  officer,  primary,  caucus,  or  election  officer,  or  officer  or 

member  of  a  political  committee  or  convention,  etc.,    .          .         .       145 
for  illegal  voting  or  attempting  to  vote,  placing  distinguishing  mark  on 

ballot, -  145,146 

for  violating  provisions  of  section  146, 

for  making  false  statement,  unlawfully  allowing  ballot  to  be  seen,         .       146 

for  giving  false  answer,    ......  •       146 

for  refusing  to  give  true  name,  information,  etc.,         .  146,  147 

for  giving  name  of  non-resident,        ....  .       147 

for  false  affidavit,  oath  or  certificate, 

for  registering  when  not  qualified,  false  representation,  answer,  etc.,     .       147 

for  disorderly  conduct,  etc.,  at  registration,        .  147,  148 

for  interfering  with  supervisor  of  registration,    . 

for  defacing  or  removing  notice,  voting  lists,  warrants,  etc.,  .       148 


186  INDEX. 

PAGE 

Penalty,  for  aiding  person  in  illegal  voting,  interference  with  voter,  etc.,         .       148 
for  altering  ballot  cast  at  a  primary  or  caucus,  illegally  depositing  or 

removing  ballot,  etc.,         ........       148 

for  falsely  making,  filing,  suppressing,  defacing,  etc.,  certificate,  nom- 
ination paper  or  letter,      ......  .       148 

on  magistrate  taking  oath  of  signer  to  nomination  paper,    .          .          .       148 
for  writing,  printing,  posting,  distributing,  etc.,  anonymous  circulars, 

etc., .  .149 

for  obstructing  or  interfering  with  transmission  of  ballots  or  returns,    .       149 

for  posting,  distributing,  etc.,  certain  posters,  cards,  etc.,    . 

for  injuring  or  destroying  ballot  box,  blanks  or  apparatus,  .  .       149 

for  tampering  with,  injuring,  etc.,  voting  machine  or  ballot  box, 

for  refusal  or  neglect  to  comply  with  regulations  relative  to  receiving, 

counting  and  returning  votes,  etc.,      ...  .       150 

for  interfering  with  election  commissioner,  city  or  town  clerk  or  elec- 
tion officer,       ....... 

for  preventing,  hindering,  molesting,  etc.,  supervisor  of  elections, 

for  subscribing  falsely  to  statement  on  nomination  paper,   . 

for  printing  or  distributing  ballot  in  violation  of  section  410, 

for  defacing,  destroying,  etc.,  lists,  cards,  ballots,  supplies,  etc.,   .  150 

for  forging,  etc.,  endorsement,  destroying,  etc.,  or  delaying  delivery  of 

ballots, 150 

for  violating  provisions  of  section  353  relative  to  obtaining  nomina- 
tion papers,      ..... 

for  obstructing  or  delaying  voter,      ....  150,  151 

for  interfering  with  or  inducing  voter  to  show  ballot,  .  .151 

for  aiding  or  abetting  in  illegal  voting, 

for  marking  ballot  contrary  to  law,  ..... 

for  altering,  depositing  or  removing  ballot  with  intent  to  defraud, 

for  removing  ballot  from  enclosed  space,   . 

for  employing,  etc.,  certain  persons  on  day  of  state  election,  .       151 

for  attempting  to  influence  voters  by  threats,  etc., 

for  bribery  at  elections,  ......••       152 

for  disorderly  conduct  at  primaries,  caucuses,  or  elections,  . 
for  disobeying  orders  of  election,  primary,  or  caucus  officers, 
for  not  removing  pipe,  cigar,  liquor,  etc.,  . 
for  giving  information  regarding  challenged  votes, 
for  violating  provisions  relative  to  corrupt  practices,  . 

supreme  and  superior  court  may  enforce,  provisions,  .  153,  154 

for  violating  provisions  relative  to  political  advertisements  and  con- 
tributions,       .....  .  •       153 

Personal  expenses.     (See  Expenses,  personal.) 

Plurality  of  votes,  person  receiving  highest  number  of  votes  to  be  declared 

elected  or  nominated,        ....  8,  36,  38,  51,  54,  66 

Police  officers,  to  be  detailed  to  attend  sessions  for  registration,  to  preserve 
order,  etc.,       .          .          .          .          .          .          •          • 

to  be  stationed^  at  polling  places  to  preserve  order,  etc., 

to  retain  key  of  ballot  box  during  an  election,    ....  97 


INDEX.  187 


Police  officers,  to  return  ballot  box,  ballots  and  voting  list  to  city  or  town  clerk,    97,  104 

to  take  persons  violating  provisions  of  law  into  custody,  etc.,       .          .  98,  99 

Political  advertisements,  unsigned,  prohibited,     ......       121 

Political  committee,  term  defined,       ........  6 

election,  organization,  etc.,       ........  36-38 

members  of,  to  receive  certificate  of  election,      .....        54 

not  to  employ  more  than  a  certain  number  of  persons,  except  as  caucus 

officers,  ...........       123 

not  to  solicit  money  from  candidate  as  a  prerequisite  to  his  obtaining 

nomination  paper,    .........       121 

receipt,  payment,  etc.,  of  money  by,  for  election  expenses,  etc.,  .  119-126 
to  have  a  treasurer,  accounts,  statements,  etc.,  .  .  .  122-124 

penalties  on,  . 145,  153 

(See  also  City  committee,  and  Town  committee.) 

Political  contributions,  certain  corporations  not  to  make,      .          .          .         121,  122 
candidates  may  make  voluntary,     .......       120 

Political  convention,  term  defined,      .  6 

Political  designation  of  candidates, 69,  70,  72,  87,  88 

Political  meetings,  the  holding  of,  regulated, 39-65 

Political  party,  term  defined,     . 6, 7 

Political  parties,  to  elect  committees, 36,  37 

representation  of,  on  boards  of  registrars  of  voters,  etc.,      ...        16 
enrolment  of  voters  in,    .........        42 

use  of  name  of,  in  designation  of  candidates,      .         .         .         .         .  69,  70 

may  hold  state  conventions  for  certain  purposes,        .         .         .         .  47,  48 

committees  of,  to  be  notified  of  objections  to  nomination,  ...  72 
representation  of,  among  election  officers,  .....  78-81 

to  annually  elect  a  state  committee, 36 

members  of  state  committees  to  be  elected  by  direct  plurality  vote,  .  36 
to  annually  elect  a  ward  or  town  committee,  .....  37 
no  person  can  act  in  caucuses  of  two  parties,  .  .  .  .  .  42 
acceptance  by,  of  provisions  of  law  for  the  use  of  official  ballots  at 

caucuses,          . 56, 57 

may  revoke  such  action,  ...         .         .         •         •         •         .57 

proceedings  for  such  purpose,  .......        57 

no  two,  to  hold  caucuses  on  same  day,      ...  .57 

Polling  place,  term  defined,        .......  7 

Polling  places,  in  each  precinct,  to  be  provided,  fitted  up,  furnished,  etc.,  55,  57,  58,  82 

distribution  of  circulars  and  printed  matter  in  the  vicinity  of, 
Polls,  assessed.     (See  Assessed  polls,  list  of.) 
Polls,  time  of  opening  and  closing,      ....  ...        95 

in  towns,  to  be  kept  open  at  least  one  hour,  for  reception  of  votes  on  the 

license  question,        ......•••        95 

Posters  or  circulars,  anonymous,  protection  of  candidates  against, 

distribution  of,  in  vicinity  of  polling  places, 

Precept  for  an  election,  to  be  issued  by  the  governor  in  certain  cases,     .         114,  115 
for  an  election  of  representative  in  general  court,  to  be  issued  by  speaker, 

by  order  of  the  house,  etc.,         .......       115 


188  INDEX. 

PAGE 

Precinct  caucuses,  polling  places  to  be  furnished,  etc.,  .          .          52,  53,  57,  58 

appointment  of  officers  to  serve  at,   .          .          .          .          .          .          .64 

returns  of,      ...........         67 

returns  to  be  tabulated  by  city  or  town  clerk,    .....         67 

city  or  town  clerk  to  issue  certificates  and  notify  committees  of  election 

of  delegates  and  members  of  ward  and  town  committees,      .          .         67 
Precincts,  voting  lists  to  be  prepared  by,     .          .          .          .         .     •     .          .26 

list  of  voters  to  be  posted  in,   .         .         .         .         .         .         .         .26 

clerks  of.     (See  Election  officers.) 
.     election  officers  in  (see  also  Election  officers),     .          .         .          .          .  77,  78 

in  cities,  division  into,     .........         75 

when  ward  is  divided  into,  map  or  description  to  be  published,  etc.,     .         76 
proceedings  in,  when  new  division  of  wards  is  made,  .          .          .          .  75,  76 

secretary  of  the  commonwealth  to  be  notified  of  changes  in,  etc.,  .         77 

street  lists  of  assessed  polls  of,  to  be  made  and  distributed,  .         1 2 

polling  places  in,  to  be  designated  by  board  of  aldermen,  etc.,  .         82 

in  towns,  division,  secretary  of  the  commonwealth  to  be  notified,          .         77 
duties  of  selectmen  in  relation  to  division,  .....         76 

may  be  changed  or  discontinued,      .          .          .          .          .  .  76, 77 

map  or  description  of,  to  be  posted,  ......         77 

election  of  town  officers  by,  authorized, 139-140 

vote  on  license  question  by,  authorized,     .....         139-140 

not  to  be  authorized  for  special  elections,  .          .          .          .          .140 

in  towns  of  over  five  thousand  inhabitants,  street  lists  of  assessed  polls 

to  be  made  and  distributed,       .......         12 

clerks  of,  to  be  provided  with  suitable  seals,       ...  .84 

to  deliver  seals  and  records  to  city  or  town  clerks  or  election  commis- 
sioners, upon  ceasing  to  hold  office,    ......         84 

to  record  condition  of  ballot  box  register,  ....          97,  102 

to  record  facts  when  state  ballot  box,  apparatus,  and  blank  forms  can- 
not be  used,   .........  97,  102 

to  record  in  words  at  length  names  of  persons  voted  for,  number  of  votes 

for  each,  and  title  of  office,  etc.,          ......       102 

to  deliver  copy  of  record  to  city  or  town  clerk  or  election  commissioners 

forthwith, 102,  109 

Preferential  vote  for  candidates  for  president  and  vice  president  to  be  taken 

at  presidential  primaries,  .          .          .          .          .          .          .          .  51, 52 

President  and  vice  president  of  the  United  States,  electors  of.      (See  Electors.) 
Presidential  primaries,  how  held,        .          .          .          .          .          .          .          .  51, 52 

day  for  holding,      ..........         39 

number  of  delegates  and  alternates  to  national  conventions  to  be  fixed 

by  state  committees,          ........         51 

secretary  of  the  commonwealth  to  be  given  notice  of  the  number  of 

delegates,         ..........         51 

vacancy  in  delegation,  how  filled,     .......         52 

voters  may  express  their  preference  for  candidates  for  the  nomination 

for  president  and  vice  president,         .          .          .          .       .  .          .  51, 52 

delegates  and  alternates  to  be  elected  by  direct  plurality  vote  at,        .         51 


INDEX.  189 

PAGE 

Presidential  primaries,  last  day  for  filing  objections  to  nomination  papers  for,        39 
last  day  for  withdrawal  of  names  of  candidates  at,  .         .         .        38 

Presiding  election  officers,  powers  and  duties  of,  .          .      96-99,  102,  103,  104 

to  direct  how  balloting  shall  proceed  when  state  ballot  box  cannot  be 

used,       .  .  97 

to  direct  how  canvass  of  votes  shall  be  made  when  state  apparatus  and 

blank  forms  cannot  be  used,      .......       102 

may  require  voter  to  declare,  under  oath,  inability  to  mark  ballot,       .      100 
duty  of,  when  right  of  person  to  vote  is  challenged,    ....       101 

penalties  on,  .........         142-145 

Presiding  officer,  term  defined,  .........          7 

election  of,  at  town  meeting,    ........       132 

to  detail  two  inspectors  to  act  as  ballot  clerks,  .....        80 

to  be  sworn, 80 

may  appoint  additional  tellers,          .         .         .         .         .         .  '        .  80, 81 

compensation,         ..........        81 

may  order  disorderly  persons  to  withdraw,  etc.,  .         .         .          .       133 

penalties  on,  .........         143-145 

(with  secretary  of  caucus)  to  notify  delegates,  officers  elect,  etc.,  .        54 

duties  of, 62 

of  convention  or  caucus,  blank  certificates  of  nomination  to  be  fur- 
nished for  the  use  of .........        73 

to  make  oath  to  and  sign  certificates  of  nomination,  etc.,    .         .          .        67 
Primaries  or  joint  caucuses,        .........  38-52 

conduct  of, 38,  52 

acceptance  of  provision  of  law  relative  to,  .....        48 

acceptance  may  be  rescinded,  .          .          .         .         .         .         .         .48 

notice  of  intention  to  participate  in,  to  be  furnished,  ...        49 

days  of  holding,      ..........        39 

in  Boston  to  be  held  by  precincts,  etc., 39 

arrangement  of  names  on  ballot  for,  ......        41 

filing  and  certification  of  nomination  papers  for,          ....         50 

officers  to  serve  at,  .          .          . 39, 40 

polls  to  be  open  not  less  than  nine  hours  in  cities  or  four  hours  in  towns,        51 
enrolment  of  voters  at,    ........ 

voters  may  change  enrolment,  .......  42,  43 

counting  of  votes,  ........  .43 

city  or  town  clerks  to  canvass  returns  of  votes,  determine  results,  issue 

certificates,  etc.,       .........        51 

vacancies,  how  filled,       .......   46,  47,  50,  51,  52 

recounts,  filing  of  petitions  for,  in  Boston,  ...  .39 

provisions  of  law  relative  to  corrupt  practices  to  apply  to  nominations 

by, .126 

evidence  in  prosecutions  for  violation  of  laws  relating  to,     .  .    9,  10 

City  and  town.     (See  City  and  Town  primaries.) 
Presidential.     (See  Presidential  primaries.) 
State.     (See  State  primaries.) 


190  INDEX. 


Primary,  term  defined,      ..........  7 

Primary  officers,  term  defined,  .......  7 

Prison  commissioners,  etc.,  to  transmit  to  election  commissioners  of  Boston 

list  of  certain  persons  confined  in  institutions,      ....         14 

Proclamation,  to  be  published  after  examination  of  returns  of  votes  for  presi- 
dential electors,         .........       107 

to  be  made  convening  the  legislature,  upon  failure  to  elect  majority  of 

presidential  electors,          .         .          .          .          .  .114 

Prosecution  for  violation  of  laws  relating  to  registration  of  voters,  etc.,  or  to 

primaries,  caucuses  or  elections,  evidence  in,        .          .          .          .     9,  10 

Publications,  anonymous,  prohibited,  .          .          .          .          .          .          .121 

Public  office,  person  elected  to,  convicted  of  violating  corrupt  practices  law, 

shall  vacate  same,    .........       153 

person  violating  any  provision  of  law  relating  to  corrupt  practices,  made 

ineligible  to  hold,  for  three  years,        .          .          .          .          .          .153 

Public  officer,  penalty  on,  for  wilful  neglect,  etc.,          ...  .       145 

Q. 

Qualifications  of  voters,   .          .          .         .          .         .         .         .         .          .10 

examination  of,  in  certain  cases,        .......         22 

evidence  in  prosecutions  for  violating  laws  relating  to,         ...  9 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,       .       127 
to  be  ascertained  before  registration,  etc.,  .          .          .          .          .  21,  22 

ability  to  read  constitution,  how  ascertained,  .....  22 

Questions,  to  be  submitted  to  be  printed  on  ballot,       .....        89 

R. 

Record  of  ballots  cast  on  question  of  granting  liquor  licenses,  correction  of 

errors  in,          .........         112-114 

Record  of  number  of  ballots,  etc.,  furnished,  and  receipt  for  same  to  be  pre- 
served, etc., 90,  91,  93,  94 

Records  of  votes, 101,102,104-111 

copies  of.     (See  Returns  of  votes.) 
Recount  of  ballots.     (See  Ballots,  recount  of.) 

Reducing  wages  of  voter  on  account  of  vote,  penalty  for,       -         .          .          .152 
Referendum  measures,  notice  of,  to  be  given  voters  in  cities  by  city  clerks,     .  92,  93 
Register  of  deeds,  election,  term  of  office,  residence,      ....  94,  129,  131 

returns  of  votes  for,  to  be  made  to  county  commissioners ;  in  Chelsea, 
Revere  and  Winthrop,  to  election  commissioners  of  Boston,  within 
ten  days,  etc.,  .........       105 

election  commissioners  of  Boston  to  examine  votes  for,  in  Suffolk 
county,  notify  persons  elected  and  secretary  of  the  common- 
wealth,   .  .108 

county  commissioners  to  examine  votes  for,  notify  persons  elected  and 

secretary  of  the  commonwealth,          ......       108 

in  case  of  failure  to  elect  or  vacancy,  county  commissioners  to  issue 

precept  for  new  election,   .          .          .         .          .         .          .         .116 


INDEX.  191 

PAGE 

Register  of  deeds,  in  Suffolk  county  precept  for  new  election  to  be  issued  by 

the  board  of  aldermen  of  Boston,        .          .          .          .          .          .116 

vacancy  in  office  of,  to  be  filled  by  appointment  until  an  election,        116,  117 
in  case  of  vacancy  in  office  of,  secretary  of  the  commonwealth  to  be 

notified,  .          .  118 

Register  of  probate  and  insolvency,  election,  term  of  office,  etc.,  .  .  94,  129,  131 
returns  of  votes  for,  to  be  made  to  secretary  of  the  commonwealth,  .  105 
in  case  of  failure  to  elect  or  vacancy,  governor  to  issue  precepts  for  new 

election,  ..........       115 

vacancy  in  office  of,  to  be  filled  by  appointment,  etc.,          .         .         .115 
Registers  of  voters,  annual,  to  be  kept,       .          .          .         »         .          .          .20 

preparation  of, 20-25 

names  entered  in,  lists  of,  to  be  prepared  and  posted,  etc.,   .          .          .  25,  26 
additional  names  entered  in,  to  be  posted  or  published,  etc.,         .          .         26 
Registers  of  voters,  general,  to  be  kept  in  cities  and  towns,  ....        20 
to  contain  name,  age,  birthplace,  residence,  occupation,  etc.,  of  each 

voter, 20 

form  of;  books  for,  to  be  furnished  by  the  secretary  of  the  common- 
wealth at  cost,          .........        20 

Registrars,  term  defined,  ..........          7 

Registrars  of  deaths,  to  send  lists  of  certain  deceased  persons  to  the  registrars 

of  voters,          ..........         14 

Registrars  of  voters,  appointment  of,  term  of  office,  etc.,       ....  14-17 

not  to  hold  certain  other  office,          .          .          .          .          .          .          .17 

clerk  of, 15 

selectmen  and  town  clerk  to  constitute  a  board  of,  in  towns  of  less 

than  three  hundred  voters,         .          .          .          .          .          .          .15 

and  in  Boston,  the  election  commissioners  to  meet  on  certain  days,    18,  19,  45 
to  post,  in  place  of  registration,  laws  prescribing  penalty  for  illegal 

registration,     ........ 

political  representation  on  boards  of,          ...  .  16 

duties  of  mayor  or  selectmen  when  leading  political  parties  are  not 

equally  represented,  ........         16 

vacancies  in  office  of, 

powers,  duties,  compensation,  etc.,   ....  .  16,  17 

to  consider  objections  to  nominations  for  town  offices, 

sessions  of,     ...........  18,  19 

to  be  provided  with  rooms,       ....... 

to  give  notice  of  time  and  place  of  holding  sessions,  etc.,     .          .          .  19,  20 
to  keep  records  of  legal  voters, 

not.  to  register  voters  after  10  o'clock  P.M.  of  the  last  day  of  registration,         19 
to  notify  voters  of  previous  year  whose  names  have  not  been  entered 

in  annual  register  of  current  year,     . 

to  transmit  to  assessors,  list  of  women  voters  of  previous  year,    . 
to  register  women  whose  names  are  on  list  received  from  assessors, 
to  receive  tax  bill,  or  notice  from  collector,  as  prima  facie  evidence  of 

residence,         .         .          .         .         •  • 

to  prepare  annual  register  of  voters,  ....  •  20,  21 


192  INDEX. 

PAGE 

Registrars  of  voters,  to  ascertain  ability  of  voter  to  read  constitution,  how,    .         22 
to  examine  applicants  for  registration  under  oath,  etc.,        ...         22 
to  revise  and  correct  general  register,  strike  therefrom  names  of  persons 

deceased,  etc.,  .........         23 

to  require  production  of  naturalization  papers  in  examination  of  natural- 
ized citizen,     ..........         22 

may  register  qualified  minor  if  he  will  be  twenty-one  years  of  age  before 

election,  etc.,  ..........         22 

to  notify  applicant  in  case  of  declination  or  rejection,          .          .          .22,  23 
duties  of,  upon  complaint  of  illegal  or  incorrect  registration,         .          .  23,  24 
to  notify  assessors  of  errors,     ........         24 

to  preserve  complaints,  certificates,  etc.,  for  two  years,        ...         25 
authority  of,  to  maintain  order,  etc.,          ......         25 

to  act  in  open  session  and  keep  record  open  to  public  inspection,  .  24,  25 

to  distinctly  announce  name  of  applicant  before  adding  name  to  gen- 
eral register,    ..........         25 

to  place  names  of  voters  entitled  to  use  partial  ballots  at  end  of  the  list 

of  voters,  etc.,          .........        26 

to  publish  or  post  names  entered  in  annual  register,  etc.,     ...        26 
to  prepare  and  post  voting  lists,  etc.,         ......  25,  26 

to  return  to  the  secretary  of  the  commonwealth  the  number  of  voters 

who  are  entitled  to  use  partial  ballots,  etc.,          ....         27 

to  give  certificate  to  person  whose  name  has  been  omitted  from  list  of 

voters,  etc.,      ..........         26 

to  seasonably  transmit  voting  lists  to  election  officers,         ...         27 
to  certify  to  the  secretary  of  the  commonwealth  the  number  of  assessed 

polls  and  registered  voters,         .          .         .         .         .         .         .27 

to  furnish  on  request  certified  copy  of  voting  list  for  use  at  caucus,       .         27 
to  canvass  returns  of  certain  caucuses  where  direct  nominations  are 

made,      ...........         54 

to  certify  to  number  of  signatures  on  nomination  papers,     .          .          .  68,  69 
to  consider  objections  to  nominations  of  candidates  for  city  arid  town 

offices,     ...........         71 

to  cause  lists  of  candidates  and  copies  of  proposed  constitutional  amend- 
ment to  be  posted  in  each  town  or  voting  precinct,       ...        91 

penalties  on, 142,  143, 144,  145 

to  recount  votes  cast  at  elections,     ......         111-114 

may  employ  assistance  in  recounting  votes,        .          .          .          .          .114 

not  to  make  or  allow  recounts  on  questions  not  designated  in  petitions,       113 
in  towns  divided  into  precincts,  to  canvass  returns  of  votes  for  town 

officers,  with  town  clerk,  .          .          .          .          .          .          .          .140 

in  cities,  to  make  list  of  voters  for  use  in  new  division  of  wards,  .          .  27,  28 
in  certain  cities,  to  return  number  of  male  and  female  voters  to  city 

clerks, 27 

assistant,  appointment,  powers,  duties,  compensation,  etc.,  .          .  16,  17 

qualifications,  removal,  vacancy,  etc.,        ......         17 

in  Boston,  appointment  of,  .          .          .          .          .          .          .33 


INDEX.  193 

PAGE 

Registration  of  voters,       ..........  18-25 

in  villages, 18,  19 

evidence  in  prosecutions  for  violation  of  laws  of,         ....          9 

notice  to  be  given  of  times  and  places  for,  etc.,  .         .         .         .  19,  20 

when  to  cease,         ..........         19 

age,  birthplace,  residence,  etc.,  of  voter  to  be  entered  on  general  register,        20 
any  registrar  may  receive  applications  for,  and  make  examinations,  etc.,         19 
applicant  for,  to  apply  in  person,      .......         21 

to  present  tax  bill,  or  notice  from  collector  of  taxes,         ...        21 
in  Boston,  to  present  certificate  from  listing  board,          .         .         .21,  22 
whose  names  have  not  been  entered  in  annual  register,        .         .         .        21 
minor  may  be  registered  if  he  will  be  twenty-one  years  of  age  before 

election,  etc.,  .          .         .         . 22 

naturalized  citizen  to  produce  naturalization  papers  at,  etc.,         .         .        22 
errors  in  names,  etc.,  may  be  corrected  or  names  may  be  stricken 

from  registers  upon  notice  and  examination,         ....        23 

proceedings  in  case  of  illegal  or  incorrect,  .         .         .         .         .  23,  24 

when  final  day  falls  on  Sunday  or  holiday,         .....         19 

supervisors  of,  to  be  appointed  by  governor  and  council  upon  petition,        25 
powers  and  duties,  .........        25 

to  be  in  public  and  record  to  be  open  for  inspection,  .         .         .         .  24,  25 

at  close  of,  number  of  assessed  polls  and  registered  voters  to  be  certi- 
fied to  the  secretary  of  the  commonwealth,          ....        27 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,       127, 128 
penalty  for  disorderly  conduct  at,     .          .          .         .         .         .        147, 148 

penalties  for  violation  of  provisions  relating  to,  ...        142,  143 

for  special  elections,         .........         19 

Registration  and  listing  in  Boston,     ........  28-36 

Representative  districts,  consisting  of  more  than  one  town  or  city,  place  to  be 
designated  where  clerks  shall  meet  to  ascertain  the  result  of  elec- 
tion; notice  to  be  given,   .......         109-110 

place  of  meeting  may  be  changed  once  in  two  years;    notice  to  be 

given, 109-110 

city  and  town  clerks  to  record  and  return  names  of  persons  voted  for 

and  number  of  votes  for  each  person,          .         .         .         .         .109 

duplicate  certificates  of  election  to  be  made,  etc.,        ....       110 

commissioners  to  apportion  Suffolk   county  into,    election,    powers, 

duties,  etc.,      ..........       130 

Representatives  in  congress,  to  be  elected  biennially  on  the  Tuesday  next  after 

the  first  Monday  in  November,  .....          94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105 

proceedings  in  case  of  failure  to  elect  or  vacancy,        .         .         .         .115 
Representatives  in  the  general  court,  to  be  elected  on  the  Tuesday  next  after 

the  first  Monday  in  November,  .....          94,  128 

blanks  for  the  nomination  of  candidates  for,  to  be  furnished  to  city 

and  town  clerks,       . 73 


194  INDEX. 


Representatives  in  the  general  court,  certificate  of  election,  form,  etc.,           .       110 
return  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     110 

when  there  is  no  choice,  certificate  to  be  transmitted  to  the  secretary  of 

the  commonwealth,  .          .          .          .          .          .          .          .115 

when  vacancy  occurs,  speaker  to  appoint  time  for  election,  when  ordered 

by  the  house,  ..........       115 

Residence,  etc.,  of  candidate  in  caucus,  to  be  on  ballot,         ....         61 

voter  removing  to  another,  may,  until  the  expiration  of  six  months, 

vote  at  state  election  in  place  removed  from,       .          .          .          .10,11 

voter  to  register  and  vote  at  place  of,  on  April  1,  etc.,         ...         11 
of  persons  assessed,  to  be  ascertained  by  assessors  and  returned  to  reg- 
istrars,     11,  12 

how  determined  in  certain  cases,       .......         13 

errors  in,  to  be  corrected  by  assessors,       .          .          .          .          .          .11,12 

of  voter,  to  be  entered  opposite  name  on  registers  and  voting  lists,  20,  21,  25,  26 
to  be  added  to  name  on  nomination  paper,         .          .          .          .          .  44,  68 

of  candidate,  to  be  on  certificate  of  nomination  and  nomination  paper,         69 
of  candidate,  to  be  upon  ballot,         .... 

Result  of  an  election,  when  to  be  declared  in  a  city,     .         .         .         .         .114 

Returns  of  elections,  whole  number  of  ballots  to  be  stated  in  words  at  length 

in,  etc.,  .........  .       Ill 

made  by  precinct  officers,  examination  of,  ....        104,  105 

in  towns  voting  by  precincts,  how  canvassed,     .          .  .       140 

Returns  of  votes,  blank  forms  and  envelopes  for,  to  be  furnished  by  the  secre- 
tary of  the  commonwealth,        .... 

not  to  be  rejected  when  the  true  result  of  election  can  be  ascer- 
tained    ....  104,111 

for  county  officers,  to  be  made  and  transmitted,          ....       105 

for  senator  in  congress,  .......  .105 

for  representative  in  congress,  .....  .       105 

for  representative  in  general  court,   .          .          .          .          .          .          .105 

amended,  to  be  made, 105,106,109,112 

for  register  of  deeds  in  Suffolk  county,  to  be  made  to  election  commis- 
sioners of  Boston,     .........       105 

to  be  examined  by  election  commissioners  of  Boston,           .          .          .       108 
for  county  treasurer  and  register  of  deeds,  county  commissioners  to 
examine;  to  notify  persons  elected  and  secretary  of  the  common- 
wealth, etc.,     .          .          . 108 

for  county  commissioners,  board  of  examiners  to  examine;   to  notify 

persons  elected  and  secretary  of  the  commonwealth,     .          .          .       108 
for  county  commissioners,  in  Revere  and  Winthrop,  to  be  made  to 

clerk  of  courts  of  Middlesex  county, 105 

not  invalidated  by  violation  of  provisions  relative  to  ballot  boxes, 

apparatus,  canvassing  votes,  etc.,       .... 

for  state  officers,  to  be  made  to  the  secretary  of  the  commonwealth,  .  105 
when  received  unsealed,  to  be  endorsed  and  new  return  called  for,  .  106 
memorandum  of  date  of  reception  of,  to  be  made  upon  envelope,  .  106 


INDEX.  195 

PAGE 

Returns  of  votes,  to  be  transmitted,  with  seals  unbroken,  to  governor  and 

council,  .  ........  106 

to  be  examined  by  the  governor  and  five  at  least  of  the  council,  .  106 

certificate  ot  examination  to  be  made  and  signed  by  the  governor,        .  106 
to  be  replaced  in  envelopes,  and  with  certificate,  to  be  delivered  to 

secretary  of  the  commonwealth,          ......  106 

to  be  laid  before  senate  and  house,  together  with  schedules  showing 

number  of  ballots  cast,  etc.,       .......  106 

abstract  of,  may  be  furnished  newspapers,  etc.',  ....  106 

to  be  placed  on  file,  open  to  public  inspection,   .....  106 

Road  commissioners  of  towns,  number,  election,  term  of  office,  etc.,       .        133,  136 

s. 

Sailors  and  soldiers  who  have  served  in  time  of  war,  etc.,  not  disqualified  by 

receiving  aid,  ..........         10 

School  committee  in  towns,  election  of,       .......       134 

School  committees,  women  may  vote  for  members  of,  .          .          .          .         .         11 

women  may  sign  nomination  papers  for  candidates  for,        ...        68 
ballots  for  the  use  of  women  voting  at  the  election  of,         .  89,  90, 139 

women  eligible  as  members  of,  .          .          .         .          .    ^     .         .       134 

Seals  to  be  provided  for  use  of  election  officers,    ......        84 

Secretary  of  caucus,  election,  duties,  etc.,    .          .         .          .          .55,  56,  62-64,  67 

Secretary  of  city  committee,  to  file  with  secretary  of  commonwealth,  city 

clerk  and  secretary  of  state  committee  list  of  members  and  officers,        37 
to  notify  secretary  of  the  commonwealth  of  acceptance  or  revocation  of 

provisions  applying  to  caucuses  at  which  official  ballots  are  used,        57 
duties  of,  when  caucus  nomination  papers  are  filed,    ....        59 

to  notify  ward  committee  if  caucus  nomination  papers  are  not  filed,     .        59 
with  chairman,  to  file  nomination  papers  in  certain  cases,    .  .        60 

to  deliver  nomination  papers  to  city  clerk,  or  election  commissioners,  .        60 
duties  of,  in  case  of  withdrawal,        .......        60 

Secretary  of  convention  or  caucus,  blank  certificates  of  nomination  to  be  fur- 
nished for  the  use  of,         ......  .73 

to  make  oath  to,  sign  and  file  certificate  of  nomination,  etc.,        .         .        67 
Secretary  of  state  committee,  to  file  with  secretary  of  the  commonwealth  and- 

city  and  town  committees  list  of  members  and  officers,          .         .        37 
Secretary  of  the  commonwealth,  to  be  elected  annually  on  the  Tuesday  next 

after  the  first  Monday  in  November,  ...  94,  128 

to  be  notified  if  voting  machine,  ballot  box,  etc.,  ceases  to  conform 

with  requirements  of  law,  .......        84 

returns  of  votes  for,  to  be  transmitted  to  secretary  of  the  common- 
wealth,      .105 

to  furnish  books  for  general  register  of  voters  at  cost, 

to  furnish  constitution  printed  on  slips  and  box  to  registrars, 

to  receive  nominations  of  candidates  for  state  offices;  time,  etc.,        46,  52,  70 

to  require  identification  of  persons  filing  nomination  papers,         .         .        70 


196  INDEX. 

PAGE 

Secretary  of  the  commonwealth,  in  certain  cases  of  direct  nomination,  to  can- 
vass returns,  etc.,      .          .          .          .          .          .          .          .      46, 47, 52 

not  required  to  receive  more  names  than  is  necessary  to  nominate,  with 

one  fifth  of  such  number  added  thereto,      .          .          .          .          .  45,  69 

to  receive  objections  to  nominations  and  withdrawals;  time,  etc.,       46,  71,  72 
to  notify  candidate  and  party  committee  of  objections  to  nomination,  71,  72 
may  employ,  temporary  clerical  assistance  for  primaries,     ...         48 
to  preserve  nomination  and  ballot  papers,  records,  etc.,  for  one  year,         73 
to  provide  cities  and  towns  with  state  ballot  boxes,  apparatus  and 

blank  forms  for  use  at  elections,          ......         83 

to  furnish  envelopes,  blank  forms,  etc.,  for  returns^  etc.,      ...         83 
to  furnish  instructions,  etc.,  for  election  officers,          ....         83 

to  prepare  and  furnish  ballots  for  use  at  state  elections,  ...  87 
to  prepare  and  provide  ballots  for  state  and  presidential  primaries,  .  40 
to  supervise,  etc.,  the  care,  custody,  repair  and  improvement  of  state 

ballot  boxes, 83 

to  prepare  and  furnish  cards  of  instruction  and  penalties  to  voters,       .         91 
to  prepare  and  furnish  specimen  ballots,    .          .          .          ...          .         91 

to  send  list  of  candidates  and  copies  of  proposed  constitutional  amend- 
ments to  registrars  of  voters  and  election  commissioners,       .          .         91 
to  publish  lists  of  candidates  and  proposed  amendments  to  constitu- 
tion in  newspapers,  .........         92 

names  of  candidates  for  ward  or  town  committees  and  delegates,  at 
primaries  to  be  arranged  in  groups  in  order  of  drawing  under  the 
direction  of,     .          .          .          .          .          .          .'•"•-.          .          .41 

to  send  ballots,  etc.,  to  city  and  town  clerks  and  election  commissioners,        93 
to  cause  memorandum  of  date  of  reception  of  return  of  votes  to  be 

made  on  envelope,    .........       106 

to  transmit  returns  with  seals  unbroken  to  governor  and  council,          .       106 
to  lay  returns  of  votes  for  governor,  etc.,  before  senate  and  house, 

together  with  certificate  of  examination  and  schedules  of  votes,     .       106 
to  be  notified  of  the  holding  of  state  primaries  in  cities  and  towns  by 

wards,  precincts,  etc.,        .          .          .  .        .          .          .          .          .  43, 44 

to  countersign  and  transmit  certificates  of  election  to  certain  district 

and  county  officers,  ........       106 

to  furnish  newspapers  with  abstracts  of  returns  of  votes  upon  applica- 
tion,         106 

to  publish  returns  of  votes  for  state  officers,       .          .          .          .          .111 

to  publish  return  of  votes  at  state  primaries,      .          .          .          .          .111 

to  place  returns  of  votes  on  file,  open  to  public  inspection,  .          .       106 

to  report  to  legislature  the  number  of  assessed  polls,  registered  voters 

and  number  of  persons  who  voted,  etc.,       .          .          .          .          .111 

with  attorney-general  to  approve  blank  forms  for  statement  of  election 

expenses,          ..........       126 

to  provide  cities  and  towns  with  blank  forms  for  statements  of  election 

expenses,  etc., 126 


INDEX.  197 

PAGE 

Secretary  of  the  commonwealth,  to  furnish  ballots  to  certain  towns  for  use  in 

voting  upon  question  of  granting  liquor  licenses,  .          .          .       139 

to  inspect  statements  filed  with  him  under  provisions  relative  to  cor- 
rupt practices,  ........         124, 125 

to  preside  at  meetings  of  presidential  electors,    .         .          .          .          .118 

Secretary  of  the  electoral  college,  duties  of,          .         .         .          .         .         .118 

Secretary  of  town  committee,  to  file  with  secretary  of  commonwealth,  town 

clerk  and  state  committee  list  of  members  and  officers,         .         .        37 
to  notify  secretary  of  the  commonwealth  of  acceptance  or  revocation 

of  provisions  applying  to  caucuses  at  which  official  ballots  are  used,        57 
duties  of,  when  caucus  nomination  papers  are  filed,    .  .         .59 

duties  of,  when  no  papers  are  filed  or  certain  vacancies  occur,      .         .        60 

duties  of,  in  case  of  withdrawal, 60 

to  deliver  nomination  papers  to  town  clerk,        .....        60 
Selectmen  of  towns,  number,  election,  term  of  office,  etc.,     .  133,  135, 136, 137 

to  appoint  registrars  of  voters,  etc., 15 

to  appoint  registrar  of  voters  to  fill  vacancy,      .         .         .         .         .16 

duties  of,  when  leading  political  parties  are  not  equally  represented  on 

board  of  registrars  of  voters,      .          .          .         .         .         .         .16 

to  determine  compensation  of  registrars  of  voters;    to  furnish  them 

with  office  room,  aid,  etc.,          .......  16,  17 

duties  of,  in  relation  to  establishing  or  changing  voting  precincts,         .  76,  77 

to  appoint  election  officers, 78-80 

may  remove  election  officers  for  cause,  etc.,        .          .         .         .         .        78 
to  preside  at  meetings  for  the  election  of  state  officers,  with  powers  of 

moderators,  etc.,       .........        80 

powers  and  duties  at  state  elections, 80 

appointment  of  tellers  by,        ........        80 

may  appoint  clerk  pro  tempore  to  fill  vacancy,  ...          81, 140 

to  determine  compensation  of  supervisors  of  elections,         ...        81 
to  post  printed  description  of  polling  places,       .....        82 

to  designate  polling  places  in  precincts  thirty  days  before  election;  to 

cause  them  to  be  fitted  up,  furnished,  etc.,  .         .         .         .        82 

may  make  regulations  for  the  use  of  ballot  boxes,  seals,  counting  appa- 
ratus, etc.,  receiving  and  returning  votes,    ...  .9 

to  call  town  meetings,      ........          95,  131 

duties  of,  in  the  count  and  canvass  of  votes,      .  .102 

to  certify  copies  of  records  of  votes,  ...  •       105 

duties  of,  in  relation  to  election  of  representative  hi  general  court,       109, 110 
to  call  meetings  for  election  of  state  officers,  etc.,        ....       131 

to  issue  warrant  for  town  meeting  directed  to  constables,  etc.,     .         .       131 
may  call  two  or  more  distinct  meetings  by  the  same  warrant,      .         .       131 
to  insect  in  warrant  calling  a  town  meeting  all  subjects  on  written  re- 
quest of  ten  or  more  voters,       .....  •       131 

may  order  a  town  meeting  at  any  time,     . 

powers  and  duties  at  election  of  moderator  of  town  meeting,        .         .       132 


198  INDEX. 

PAGE 

Selectmen  of  towns,  if  a  majority  vacate  office,  those  in  office  may  call  a  town 

meeting,          ..........       131 

in  certain  towns  may  act  as  overseers  of  the  poor,  if  town  so  votes,       .       137 
duties  of,  in  the  filling  of  vacancies  in  town  offices,     .          .          .         140,  141 
penalties  on,  ..........       145 

to  act  as  board  of  health,  if  none  is  chosen,        .....       135 

to  provide  places  for  holding  caucuses,       .          .          .          .          .          .  55,  57 

(See  also  Registrars  of  voters,  Election  officers,  and  Presiding  election 

officers.) 
Selectmen  of  towns  and  town  clerk,  to  be  registrars  of  voters  in  towns  of  less 

than  three  hundred  voters,         .          .          .          .          .          .          .  15,  16 

to  count  and  canvass  votes,  etc.,  at  state  elections  in  towns  not  divided 

into  voting  precincts,         ........       102 

to  examine  returns  of  election  officers,  etc.,  in  precinct  towns,      .         104,  105 
Senators,  nomination  of,   .          .          .          .          .          .          .          .          .          .  43, 66 

to  be  elected  annually  on  the  Tuesday  next  after  the  first  Monday  in 

November, 94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105 

Senators,  United  States.     (See  United  States  senators.) 

Sewer  commissioners  of  towns,  number,  election,  term  of  office,  etc.,       .         133,  136 

Sheriffs,  election,  term  of  office, 95,  129,  131 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105 

in  case  of  failure  to  choose,  or  vacancy  in  office  of,  governor  to  order 

new  election,    ..........       115 

in  case  of  vacancy  in  office  of,  appointment,  etc.,        .          .          .          .115 

Signatures,  number  required  on  nomination  paper,       .          .       44,  49,  58,  59,  67,  68 
to  be  made  in  person,      .......          44,  50,  58,  68 

on  caucus  nomination  papers,  .          .          .          .          .          .          .  58, 59 

requisite  number  of,  on  nomination  paper,  to  be  certified  by  registrars 

of  voters  or  election  commissioners,    ....          45,  50,  68,  69 

of  presiding  officer  and  secretary  required  on  certificate  of  nomination,        67 
Smoking  at  elections  forbidden,  .......          98,  152 

Soldiers,  who  have  served  in  time  of  war,  etc.,  not  disqualified  by  receiving  aid,         10 
Soldiers'  Home,  inmates  of,  may  be  assessed  and  vote  in  Chelsea,  .          .         11 

Speaker  of  the  house  of  representatives,  to  issue  precepts  for  an  election  to  fill 

a  vacancy,       ..........       115 

Special  ballot,  for  use  of  women  in  voting  for  school  committee,    .          .    89,  90,  139 
number  to  be  furnished,  ........         90 

Special  elections,  primaries  and  caucuses  for,  relative  to,       .          .          .          .  39,  53 

registration  of  voters  for,          ....... 

proceedings  at,        .          .          .          .          .          .         .         .         .        118,  141 

Specimen  ballots,  to  be  prepared  and  furnished,  .          .          .         .         .          .91 

to  be  posted  in  polling  place,    ...... 

(caucus)  at  which  official  ballots  are  used,  .          .         .         .          .  40,  42 

State  ballot  law  commission,  appointment,  powers,  duties,  etc.,     .         .         .  39,  74 


INDEX.  199 

PAGE 

State  ballot  law  commission,  may  summon  witnesses,  .....         94 

to  constitute  state  board  of  voting  machine  examiners,      ...        84 
State  committees,  election,  organization,  etc.,       .         .         .          .36,  37,  43,  44,  54 

secretary  of,  to  file  with  secretary  of  the  commonwealth  and  city  and 

town  committees,  list  of  members  and  officers,     ....        37 

to  give  notice  to  secretary  of  the  commonwealth  of  number  of 

members  and  delegates  to  be  elected,  .          ....        43 

vacancies  in  offices  of,  how  filled,      .......        37 

may  make  rules  and  regulations  for  its  proceedings,  etc.,     ...        38 
may  make  rules  relative  to  caucuses,  etc.,  .....        38 

State  conventions  of  political  parties,  calling,  etc.,        .          .          .         .          .47,48 

State  election,  term  defined,       .........          7 

to  be  held  on  the  Tuesday  next  after  the  first  Monday  in  November,  .        94 

officers  to  be  elected  at, 94,  95,  128-130 

ballots  for,  to  be  prepared  and  furnished  by  secretary  of  the  common- 
wealth,     87 

provisions  relative  to  corrupt  practices  and  election  expenses  applica- 
ble to,     .          . 126 

State  office,  nomination  of  candidates  for,  .....          43-48.  66-73 

State  officer,  term  defined,          .........          7 

State  officers,  to  be  elected  annually  on  the  Tuesday  next  after  the  first  Mon- 
day in  November, 94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,     105 

proceedings  for  determination  of  election  of,  etc.,       .         .         .         106—111 
State  offices,  proceedings  in  case  of  failure  to  elect  or  vacancy  in,  .         114-118 

State  primaries,  nominations,  etc.,  at,          .......  43-48 

day  for  holding,      ..........        39 

district  members  of  state  committees,  members  of  ward  and  town 

committees  and  delegates  to  state  conventions,  to  be  elected  at,  .        43 
when  polls  shall  be  open,          ........        44 

secretary  of  the  commonwealth  to  be  notified  of  the  holding  of,  by 

wards,  precincts,  etc.,        ........  43,  44 

number  of  signers  required  on  nomination  papers,       ....        44 

nomination  paper  shall  state  name,  residence,  etc.,  of  candidate,  .        44 

nomination  paper  may  state  in  not  more  than  eight  words,  occupation, 

public  offices,  etc.,  of  candidate, 44 

except  for  delegate  to  convention,  nomination  paper  invalid  without 

written  acceptance  of  candidate  thereon,     .....        45 
no  nomination  paper  to  contain  name  of  more  than  one  candidate  except 

in  certain  cases, 45 

no  person  shall  be  a  candidate  for  more  than  one  office  at,  except  in 

certain  cases,  ......  ...        46 

last  day  for  filing  nomination  papers  for,  ......         46 

last  day  for  filing  objections  to  nomination  papers  for, 

time  for  filling  vacancies  caused  by  withdrawal  at,  .  .46 

last  day  for  withdrawal  of  names  of  candidates,  ....         38 

no  ballots  to  be  counted  before  close  of  polls,     .....        46 


200  INDEX. 

PAGE 

State  primaries,  proceedings  in  case  of  tie  vote  at,  .         .         .         .47 

canvass,  publication  of  records  of  vote  at,  etc.,  .          .          .          .    46,  47,  111 

secretary  of  the  commonwealth  to  publish  returns  of  votes  cast  at,       .       Ill 
may  employ  temporary  clerical  assistance  for,      ....        48 

Statement,  candidate  may  make  on  nomination  paper  for  primaries,       .          .  44,  49 
that  signers  to  nomination  paper  are  members  of  party  represented 

by  candidates,  etc.,  .........  45,  50 

Statement  of  election  expenses,  to  be  made  and  filed,  ....         123-126 

to  be  preserved  for  fKteen  months,  open  to  public  inspection,       .          .       126 
inspection  of,  correction  of  errors,  complaints,  etc.,     .          .          .         124-126 
blank  forms  for  statements  to  be  funished  by  the  secretary  of  the  com- 
monwealth,    ..........       126 

Statement  relative  to  elections,  not  to  be  made  prior  to  public  declaration  of 

vote, 97 

relative  to  ballots  cast  by  challenged  voters,  prohibited,      .          .         101,  114 

on  primary  nomination  papers  may  be  made  by  certain  candidates,    .         44 

Stickers,  to  be  used  upon  official  ballots,     .......         96 

Street  lists  of  assessed  polls,  to  be  made  and  published,         .          .          .          .         12 

form,  contents,  etc.,         ......... 

assessors  to  send  copies  to  registrars  of  voters,  .          .          .          .          .12 

Substitute  ballots,  to  be  prepared,  furnished,  etc.,         .... 

Sunday,  when  final  day  for  registration  falls  on,  .          .          .          .          .19 

Sundays  to  be  included  in  computing  time  in  election  laws,  .... 

Superior  court  and  supreme  judicial  court,  powers  in  proceedings  relative  to 

corrupt  practices  and  election  expenses,  etc.,        ....       125 

Superior  court  in  Suffolk  county,  to  appoint  a  register  of  deeds  to  hold  office 

until  an  election,  in  case  of  a  vacancy,         ....         116,  117 

to  appoint  clerk  in  case  of  vacancy,  etc.,  .          .          .          .          .          .116 

Supervisors  of  elections,  to  be  appointed  by  governor  and  council,  powers, 
duties,  compensation,  etc.,         ..... 

penalties  on,  ..........       143 

Supervisors  of  registration,  to  be  appointed  by  governor  and  council  upon 
petition,  etc.,  powers  and  duties,         ...... 

Supreme  judicial  court  and  superior  court,  powers  in  proceedings  relative  to 

corrupt  practices  and  election  expenses,  etc.,        ....       125 

Supreme  judicial  court  in  Suffolk  county,  to  finally  determine  contested  elec- 
tions of  presidential  electors,      ....  107, 108 

Surveyors  of  highways  of  towns,         .......         133, 134 

exemption  from  liability  to  hold  office  of,  .... 

T. 

Tax  bill,  to  be  prima  facie  evidence  of  residence,  to  registrars  of  voters,  .  21,  21 

Taxes,  assessment  of,  upon  polls  and  estates,       .... 

correction  of  errors  in  lists  of  persons  assessed  for, 

assessors  of.     (See  Assessors  of  taxes.) 

collectors  of.     (See  Collectors  of  taxes.) 


INDEX.  201 

PAGE 

Tellers,  appointment  of,  to  assist  at  ballot  box,  in  checking  names  or  canvassing 

and  counting  votes  in  towns,      .          .          .          .          .          .          .  80, 81 

candidates  to  be  voted  for  not  eligible  to  appointment  as,  .         .         .         79 
Terms,  certain,  defined,     .          .          .          .          .          .          .          .          .          .       5-8 

Threats  or  bribes,  penalties  for  attempting  to  influence  voters  by,  .          .       152 

Tie  vote,  if  for  candidates  for   elective  office,  adjourned   caucus  may  be 

held, 54 

if  for  delegate  to  convention,  other  delegates  to  fill  vacancy,  .  .  47 
if  for  caucus  officers,  vacancy  to  be  filled  by  elected  members,  .  .  54 
for  candidate  for  nomination  for  office  to  be  filled  by  all  voters,  .  47 

for  members  of  committees,  vacancy  to  be  filled  by  members  elected,  .  47 
proceedings  in  cases  of  direct  nomination,  .  .  .  .  .  47,  54 

failure  to  elect  state  officers  by  reason  of,  ....         114-118 

Time,  how  to  be  computed  in  election  laws,          ......          8 

Town  clerks,  election,  term  of  office,  etc., 133,  134,  137, 138 

failure  to  elect,  vacancy,  etc.,  .......          81,  140 

to  be  members  of  boards  of  registrars  of  voters,  ....  15,  16 

to  send  to  registrars  of  voters  names  of  certain  persons  deceased,          .         14 
to  receive  nominations  of  candidates  for  town  offices;  time,  etc.,  .        70 

to  require  identification  of  persons  filing  nomination  papers,         .         .        70 
to  notify  candidates  and  party  committee  of  objections  to  nomination,        72 
to  preserve  certificates,  nomination  papers,  objections,  withdrawals, 

receipts  and  record  of  number  of  ballots  furnished  for  one  year,  73,  90, 

91,93 

duties  of,  in  connection  with  the  establishment,  change,  or  discontinu- 
ance of  voting  precincts,   .          .         ...          .         .         .         .  76-77 

may  adminster  oaths  to  election  officers,   .          .          .         .          .          .80 

may  administer  oath  to  supervisors  of  elections,          .          .          .         .81 

to  provide   for  safe  keeping  and  repair  of  voting  machines,  ballot 

boxes  and  counting  apparatus, 83 

to  prepare  and  furnish  ballots,  cards  of  instruction  and  specimen  ballots 

for  town  elections,    .........  87-93 

to  send  ballot  boxes,  seals,  apparatus  and  blank  forms  to  election 

officers, 84 

to  provide  suitable  seals  for  precinct  clerks, 84 

to  cause  lists  of  candidates  for  town  elections  to  be  posted,  etc.,  .        92 

to  return  receipts  for  ballots  to  secretary  of  the  commonwealth,  .          .        93 
to  cause  ballots,  etc.,  for  town  elections  to  be  packed  in  sealed  packages,        93 
to  deliver  ballots  for  town  elections  to  election  officers,        .         .         .  93,  94 
to  send  ballots,  cards  of  instruction  and  copies  of  proposed  constitu- 
tional amendments  to  election  officers,         .         .         .         .          .  93, 94 

to  prepare  and  furnish  substitute  ballots  when  needed,        ...        94 
to  record  condition  of  ballot  box  register,  ....          97,  102 

to  record  facts  when  state  ballot  box,  apparatus  and  blank  forms 

cannot  be  used,         ...  ....          97,  102 

to  record  in  words  at  length  names  of  persons  voted  for,  number  of  votes 

for  each  and  title  of  office,  etc.,  ......       102 


202  INDEX. 


Town  clerks,  to  retain  ballots  the  required  time  and  then  cause  them  to  be 

destroyed  without  examination,  ...  .       104 

to  retain  voting  lists  for  same  length  of  time  as  ballots  and  then  trans- 
mit same  to  registrars  of  voters,        ..... 

in  cases  of  direct  nomination  to  file  certificate  or  record  of  voters,         .         54 
may  furnish  copy  of  voting  list  as  checked  upon  application  of  ten 

legal  voters,  etc.,      ........          63,  104 

duties  of,  in  relation  to  erroneous  returns,  etc.,  .  104,  105,  109,  110 

to  transmit  returns  of  votes,    ......  54,105,110 

to  make  new  returns  of  votes,  etc.,  .....          105,  106,  109 

duties  of,  in  relation  to  election  of  representative  in  general  court,      109 
to  certify  to  the  secretary  of  the  commonwealth  the  number  of  names 

of  voters  checked  on  list  as  having  voted,  etc.,     .          .          .          .111 

to  retain  ballots  until  a  contested  election  is  determined,  etc., 
duties  of,  relative  to  statements  of  election  expenses,  .          .         .         124-126 
to  preside  at  elections  of  moderators  of  town  meetings,        .          .          .132 
to  direct  distribution  of  ballots  used  in  taking  vote  upon  the  question 
of  granting  liquor  licenses,          ...... 

to  issue  summons  and  administer  oaths  to  town  officers  elect,       .          .       138 

penalties  on, 142-145 

with  registrars  to  canvass  returns  of  votes  cast  in  precincts  for  town 

officers, 140 

to  notify  officers  elect,     .........       140 

to  prepare  blank  nomination  papers  (caucus)  for  use  in  certain  towns,  .         58 
to  prepare  ballots  for  use  in  caucuses  in  certain  towns,        .  .         61 

to  determine  number  of  ballots  for  caucuses  if  not  otherwise  fixed,        .         61 
to  furnish  facsimile  copies  of  ballots,          .... 

to  deliver  ballots,  voting  lists,  etc.,  to  caucus  officers,  .          .          .         61 

to  keep  packages  received  from  wardens  of  caucuses,  .          .          .  55,  62 

to  produce  same  if  required  by  court  or  convention,   .          .          55,  56,  62,  63 
(See  also  Registrars  of  voters,  and  Election  officers.) 
Town  clerks  and  selectmen,  to  be  registrars  of  voters  in  towns  of  less  than 

three  hundred  voters,        .          .          .          .          .          .          .          .  15,  16 

to  canvass  and  count  votes,  etc.,  at  state  elections,  in  towns  not  di- 
vided into  voting  precincts,        ..... 

to  examine  returns  of  election  officers,  etc.,  in  precinct  towns, 
Town  committees,  election,  term,  organization,  etc.,     .... 

vacancies  in,  how  filled,  ....... 

may  make  rules  for  its  proceedings,  ......        38 

may  make  rules  relative  to  caucuses, 

secretary  of,  to  file  with  secretary  of  the  commonwealth,  clerk  of  town 

and  state  committee,  list  of  members  and  officers,        .          .  37 

to    give  notice  to    secretary   of   the   commonwealth   of   number  of 
members  to  be  elected,     ....... 

may  make  rules  for  determining  membership  in  party, 

to  fix  days  for  holding  and  issue  calls  for  caucuses  relating  to  town 

elections,          .          .          .          .          .         .          .   •  •          .57 


INDEX.  203 

PAGE 

Town  committees,  duties  of  chairman  or  secretary  when   no   nomination 

papers  (caucus)  are  filed  or  certain  vacancies  occur,      ...        60 
may  call  meeting  in  any  town  to  determine  by  ballot  whether  the 

provisions  of  law  for  the  use  of  official  ballots  shall  be  adopted,     .  56,  57 
proceedings  for  this  purpose,    .          .         .         .         .         .         .          .  56, 57 

secretary  of,  to  file  notices  of  adoption  or  revocation,  ...         57 

Town  election,  term  defined,      .........          7 

Town  elections  or  meetings,  at  which  official  ballots  are  used,  term  defined,  .  7 

(See  also  Town  meetings.) 
Town  meetings,  qualification  of  voters  to  vote  in,         .....         10 

at  which  official  ballots  are  used ;  term  defined,  ....          7 

for  election  of  town  officers,  etc.,  to  be  held  in  February,  March  or  April,      131 

provisions  applicable  to, 131-133, 139-140 

towns  may  make  by-laws  regulating  proceedings  at,  ...  133 
for  state  and  town  elections,  calling  of,  .  .  .  .  95,  96,  131-132 
for  election  of  state  officers  in  towns  not  divided  into  voting  precincts, 

selectmen  to  preside,         ........        80 

to  be  called  in  pursuance  of  a  warrant  under  the  hands  of  selectmen, 

etc., 131 

two  or  more  may  be  called  by  the  same  warrant,  ....  131 
time,  place,  subject,  etc.,  to  be  stated  in  warrants  for,  .  .  .  131 
may  be  adjourned,  etc.,  to  any  place  within  the  town,  .  .  .  131 
all  subjects  contained  in  written  request  of  ten  or  more  voters  to  be 

inserted  in  warrants  for,    ........       131 

voting  lists  to  be  furnished  for  use  at,  .          .         .         .          .26, 27 

appointment  of  tellers  at,  etc.,  .          .          .         .         .         .          .  80, 81 

ballots  may  be  counted  in,  while  voting  is  in  progress,         .         .         .       103 
proceedings  when  right  to  vote  is  challenged  in,          ....       101 

may  be  called  by  a  justice  of  the  peace  upon  refusal  of  selectmen,  131,  132 
may  be  called  by  a  minority  of  selectmen  when  majority  vacate  office,  131 
except  for  election  of  state  officers,  moderator  to  be  first  chosen,  when 

not  elected  for  term  of  one  year,         .         .          .         .         .         .132 

powers  and  duties  of  moderator  of.    (See  Moderators  of  town  meetings.) 
when  voting  list  is  to  be  used  in,       .......       137 

how  ballots  shall  be  deposited  in  certain,  .          .         .         .         .        138,  139 

penalties  on  moderator  of,        ........       144 

penalty  for  illegal  voting  at,     .         .          .         .         .         .         .         .146 

for  removing  or  defacing  warrant,  etc.,  ......       148 

for  disorderly  conduct  and  illegal  voting  at,    .          .  146,  148,  150-151,  152 
holding  of,  for  all  other  business  except  election  of  officers  and  voting  on 

license  question,  in  towns  voting  by  precincts,     .          .          .         139,  140 
how  called,  in  such  cases,          .......        139,  140 

(See  also  Meetings.) 

Town  officer,  term  defined, 7 

when  number  and  terms  are  to  be  determined  or  changed,  in  towns 

where  official  ballots  are  used,    .......       142 

failure  to  elect,  or  vacancy,      .......         140-141 

moderator  of  town  meeting  may  administer  oath  of  office  to,        .         .       138 


204  INDEX. 

PACK 

Town  officers,  number,  election,  terms  of  office,  etc.,     ....         133-140 

failure  to  elect,  vacancy,  etc.,  .          .          .          .          .          .          .         140-141 

when  ballots  and  voting  lists  are  to  be  used,  in  the  election  of,     .          .       137 

oath  of  office, 138 

(See  also  Civil  officers.) 
Town  offices,  nomination  of  candidates  for,  in  towns  where  official  ballots  are 

used, 142 

failure  to  elect,  or  vacancy  in,  ......         140-141 

vacated  by  removal  from  town,         .         .         .         .         .         .         .141 

no  person  obliged  to  serve  two  successive  terms  in,     .          .          .          .138 

Town  treasurer,  election,  term  of  office,  etc.,        ....  133, 137, 138-139 

failure  to  elect,  or  vacancy,      .......         140-141 

Towns,  duties  of  assessors  in,     .......  .  11-13 

lists  of  assessed  polls  to  be  made  and  posted  in,  ....  11-13 

registrars  of  voters  in,     .          .          .         .          .          .  ,  .         .15-17 

sessions  for  registration  in,       .  .          .          .          .          18-19,24,25 

to  provide  suitable  rooms  for  the  registration  of  voters,       ...         18 
time  for  registration  to  cease  in,  .          .          .          .          .          .19 

preparation  and  posting  lists  of  voters  in,  ...  .  25-26 

number  of  assessed  polls  and  registered  voters  in,  to  be  certified  to 

secretary  of  the  commonwealth,          ......        27 

may  be  divided  into  voting  precincts,        ......         76 

election  officers  in.     (See  Election  officers.) 

having  established  precinct  voting  for  town  officers,  etc.,  may  revoke 

the  same,         ..........       139 

polling  places  in,  designation,  preparation  of,  etc.,      ....         82 

voting  precincts  in,  may  be  changed  or  discontinued,  .          .          .  76-77 

state  ballot  boxes,  apparatus  and  blank  forms  to  be  provided  for  use  at 

elections  in,     ..........        83 

to'  keep  voting  machines,  ballot  boxes  and  apparatus  in  good  repair 

and  replace  ballot  boxes  lost  or  destroyed,  .... 

selectmen  in,  may  make  regulations  as  to  use  of  seals,  ballot  boxes,  etc., 

and  counting  and  returning  votes,      .....  9 

not  divided  into  voting  precincts,  poll  tax  payers  in,  may  be  arranged 

alphabetically,          .         .         .         .         .         .         .         .         .12 

ballots  to  be  prepared  and  furnished  for  elections  and  meetings  in,       .  87-91 
when  ballot  boxes  may  be  opened  in,         .....    96,  97,  103 

ballots  cast  and  voting  list  used  in,  to  be  sealed  up  and  endorsed,   .         103,  104 
ballots  cast  in,  to  be  retained  the  required  time  and  then  destroyed 

without  examination,         .          .          .          .          .          .          .          .104 

voting  lists  used  in,  to  be  preserved,  etc.,  .....       104 

copy  of  voting  list  used  at  elections  in,  may  be  furnished,   .          .          .       104 
appointment  of  tellers  in,          .          .          .          .          .          .          .          .  80, 81 

ballots  cast  in,  to  be  retained  until  a  contested  election  is  determined, 

subject  to  order,  etc.,         .          .          .          .          .          .          .         Ill,  112 

recount  of  ballots  cast  at  elections  in,  certain  persons  may  be  present 

at, 112,113 


*  INDEX.  205 

PAGE 

Towns,  recount  of  ballots  cast  in,        .......         111-114 

may  vote  that  official  ballots  shall  be  used  therein,     ....       142 

which  have  voted  that  official  ballots  shall  be  used  therein  may  rescind 

such  action,  etc.,       .........       142 

boards  of  health  in,          ........        135,  137 

may  pass  by-laws  regulating  proceedings  at  town  meetings,       .          .       133 
may  establish  precinct  voting  for  town  officers,  and  on  license  ques- 
tion,         139,  140 

highway  surveyors  in, 133,  134,  138 

returns  of  votes  cast  in  precincts  at  town  elections,  how  canvassed,      .       140 
to  do  all  other  business  at  subsequent  meeting,  .          .         .         .139 

time  and  place  of  such  subsequent  meeting  to  be  stated  in  warrant  for 

annual  election,         ........        139.  140 

may  purchase  approved  voting  machines,  .         .         .         .         .  85, 86 

to  provide  polling  places,  booths,  etc.,  for  caucuses,    .          .          .55,  57,  58 
last  days  for  filing  certificates  of  nomination  and  nomination  papers  in,  70,  71 
to  provide  blank  nomination  papers,  for  use  in  certain  towns,      .         .        58 
to  provide  ballots  for  caucuses  in  certain  towns,          .         .         .         .61 

proceedings  in,  when  caucus  nomination  papers  are  not  filed,  etc.,         .        60 

selectmen  of.     (See  Selectmen  of  towns.) 

of  over  five  thousand  inhabitants,  street  lists  of  assessed  polls  to  be 

made  and  distributed  in,  .     '     .          .          .          .          .         .         .         12 

with  less  than  three  hundred  voters,  selectmen  and  clerks  to  be  regis- 
trars of  voters  in,      .........  15,  16 

Treasurer  and  receiver  general,  to  be  elected  annually  on  the  Tuesday  next 

after  the  first  Monday  in  November,  ....          94,  128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,   ...........       105 

Treasurer  of  political  committee,  qualifications,  appointment,  accounts,  state- 
ments, etc., 123-124 

Tree  warden,  election  of,  ..........       134 

Two  leading  political  parties,  term  defined,          ......      7-8 

u. 

United  States  senators,  to  be  elected  at  the  annual  state  election,  in  certain 

years, 128 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  com- 
monwealth, ..........  105 

proceedings  in  case  of  failure  to  elect  or  vacancy,       .          .          .        114,  115 

Y. 

Vacancy,  in  board  of  registrars  of  voters,    .          ...          .          .          .          .16 

in  list  of  candidates,  proceedings  in  case  of,        .     46,  47,  50,  51,  52,  72,  73,  91 
in  election  officers,  .........         79 

in  office  of  city  clerk,      .........         81 

in  office  of  town  clerk,    .  ....          81,  140 


206  INDEX. 

PAGE 

Vacancy,  in  office  of  town  treasurer,  .......        140,  141 

in  state  offices,        .          .          .          .          .          .         .         .          .         114-118 

in  delegates  to  a  national  convention,        ......         52 

in  office  of  representative  in  congress,       .          .          .          .          .          .115 

in  representative  district,          .          .          .          .          .         .          .          .115 

in  office  of  presidential  electors,         .          .          .          .          .          .          .114 

in  office  of  United  States  senator,     .          .          .          .          .          .          .114 

in  district  and  county  offices,  .......         115-118 

in  town  offices,        .........         140-141 

in  office  of  moderator,     .........       132 

in  candidates  for  an  office  to  be  filled  by  all  the  voters,        ...         47 
in  delegation  to  convention,  on  account  of  tie  vote,  how  filled,     .          .         54 
in  ward  or  town  committee  from  tie  vote,  how  filled,  ...         54 

in  caucus  officers,  how  filled,  .         .         .         .          .          .          .  54, 64 

in  state,  town  or  ward  committee,  how  filled,     .....         37 

in  list  of  nominees  to  be  voted  for  in  caucus,  proceedings  in  case  of,      .  59,  60 

to  be  filled  by  chairman  and  secretary  of  city  or  town  committee,         .  59,  60 

Villages,  registration  of  voters  in,  .          .          .          .          .          .          .  18,  19 

Vote,  right  to,  of  certain  soldiers  and  sailors,        .          .          .          .          .          .  10,  11 

right  to,  by  certain  persons  prevented  from  reading  or  writing  by  a 

physical  disability,  .          .          .  ^       .          .         .         .          .         .10 

duty  of  presiding  election  officers,  when  right  to,  is  challenged,    .          .       101 
Voter,  employed  in  manufacturing,  mechanical  or  mercantile  establishments, 

to  be  allowed  time  to  vote,         ....... 

term  defined,  ..........  8 

party  enrolment  of,  how  made,  changed,  etc.,    .          .          .          .          .42,  43 

enrolled  in  one  political  party,  not  to  receive  the  ballot  of  another,     .         42 
party  enrolment  of,  not  to  preclude  him   from   receiving    ballot   of 

municipal  party  at  city  or  town  primary,  .....  43 
who  served  in  army  or  navy  of  the  United  States  in  time  of  war,  not 

disqualified  on  account  of  receipt  of  aid,      .....         10 

changing  residence  within  the  commonwealth,  may,  until  the  expira- 
tion of  six  months,  vote  at  state  election  in  place  removed  from,   .  10,  11 
qualifications  of,     ..........  10-11 

to  register  and  vote  in  place  of  residence  on  April  1,  etc.,    . 
correction  of  error  in  name  or  residence  of,  by  assessors,      .          .          .  11,  12 
correction  of  error  in  name  or  residence  of,  by  registrars,  etc.,      .     19,  23,  24 
not  to  be  registered  after  close  of  registration,  etc.,     ....         19 

whose  name  is  not  entered  in  annual  register,  to  appear  in  person  for 

the  purpose  of  registration,  etc.,          ......         21 

name  of,  entitled  to  use  partial  ballots,  to  be  placed  at  end  of  list,  etc.,         26 
name  of,  to  be  entered  on  list  of  voters  of  precinct  where  he  is  entitled 

to  vote, 26,  27 

when  name,  etc.,  of,  has  been  omitted  or  erroneously  entered  on  lists, 

may  be  given  a  certificate  of  right  to  vote,  etc.,  ....  26 
signing  nomination  paper,  to  add  residence,  etc.,  .  .  44,  50,  58,  68 
may  subscribe  to  as  many  nominations  for  each  office  as  there  are 

persons  to  be  elected  thereto,     .....          44,  45,  50,  68 


INDEX.  207 


Voter,  time  allowed  within  guard  rail  to  mark  and  deposit  ballot,  .  98,  100 

name  of,  to  be  announced,  repeated  and  checked  on  list  before  re- 
ceiving ballot,  .........        99 

marking,  etc.,  of  ballot  by,       .          .          .          ;          .          .          .      41, 42, 99 
arrested  for  disorderly  conduct,  etc.,  at  polls,  not  prohibited  from  voting,  98,  99 
unable  to  mark  ballot,  to  receive  assistance,  etc.,        ....       100 

spoiling  ballot,  may  be  supplied  with  others,  etc.,       ....       100 

name  of,  to  be  announced,  repeated  and  checked  on  list  before  deposit- 
ing ballot, 101 

to  deposit  ballot  in  a  certain  manner,  ....  101,  138, 139 
not  allowed  to  re-enter  enclosed  space  after  voting,  ....  101 
proceedings  when  right  to  vote  is  challenged,  .....  101 
not  to  be  prevented  from  taking  part  in  caucus  if  he  takes  oath,  .  53,  54 

penalties  on, 145-146 

Voters,  alphabetical  lists  of.     (See  Voting  lists,  and  List  of  voters.) 

names  of,  entitled  to  use  partial  ballots,  to  be  placed  at  end  of  list, 

etc., 26 

list  of,  for  use  in  new  division  of  city  into  wards  (see  also  List  of  voters, 

and  Voting  lists), 27,  28 

of  the  commonwealth  to  elect  United  States  senator  in  certain  years,   .       128 
nomination  of  candidates  by,   .....        44,  49,  52,  67,  68,  69 

to  prevent  fraudulent  impersonation  of,  in  city  of  Boston,  ...        36 
number  allowed  within  guard  rail,    .......        98 

intimidation  of,  how  punished,          .......       152 

registration  of,  when  to  cease,  ........         19 

who  may  sign  nomination  papers  for  state  primaries,  ...         45 

applying  for  registration  to  present  tax  bill,  or  notice  from  collector  of 

taxes,  etc.,       ..........        21 

to  prove  ability  to  read  constitution,  how,          .....        22 

qualifications  of,  .          .          .          .          .          .          .          .          .  10,  11 

in  Boston,  to  write  their  names  upon  request,    .....         36 

women.     (See  Women  voters.) 

in  cities  to  be  notified  by  city  clerk  of  referendum  measures,  etc.,          .  92,  93 

police  commissioner  may  take  further  time  for  listing  in  Boston,         .        29 

Voters,  registers  of.     (See  Registers  of  voters.) 
registrars  of.     (See  Registrars  of  voters.) 
registration  of.     (See  Registration  of  voters.) 

Votes,  statement  of  the  number  of,  etc.,  not  to  be  made  before  the  public 

declaration,      ..........         97 

receiving,  counting  and  return  of,  regulations  may  be  prescribed  for,    .          9 
count  and  canvass  of,      ........         101-104 

certain,  not  to  be  counted,        ........       103 

person  receiving  the  highest  number  of,  to  be  deemed  to  be  elected,      .  8 

returns  of.     (See  Returns  of  votes.) 
(See  also  Ballots.) 

Voting,  by  employees  of  manufacturing,  mercantile  or  mechanical  establish- 
ments, time  allowed  for,  etc.,     .......          8 

place  of,  to  be  place  of  residence,  etc., 11 


208  INDEX. 

PAGE 

Voting,  person  arrested  at  polls  for  disorderly  conduct,  etc.,  not  prohibited  from,  98,  99 
for  town  officers,  by  precincts,  may  be  established,  .  .  .  139,  140 
upon  license  question  by  precincts,  may  be  established,  .  .  139,  140 
in  city  of  Boston,  '  .  .  .  .  .  .  .  .  .  35-36 

Voting  lists,  places  for  posting,  ........          9 

to  be  posted,  ..........        26 

street  lists  to  be  used  as,  in  Boston,  .          .          .          .          .          .  35,  36 

preparation  of,        ........          25-28, 35, 36 

person  whose  name  has  been  omitted  from,  etc.,  to  be  given  a  certificate, 

etc.,         .          . 26 

to  be  seasonably  transmitted  by  registrars  to  election  officers,      .          .  26,  27 
in  duplicate,  to  be  prepared  and  furnished  for  use  at  elections,     .          .         27 
for  use  in  caucuses,          .........        27 

to  be  used  in  caucuses,    .          .          .          .          .          .          .          .          .54 

to  be  furnished  for  use  of  police  officers  in  primaries  and  elections  in 

Boston,  ...........         27 

used  in  caucuses  to  be  kept,     .          .          .          .          .         .          .          .  55, 62 

to  be  delivered  to  election  officers,    .......         97 

names  of  voters  to  be  checked  on,  before  receiving  and  before  depositing 

ballots, 97 

at  close  of  polls,  names  checked  on,  to  be  counted  audibly  and  whole 

number  announced,  ........       102 

used  at  elections,  to  be  sealed  up,  certified,  etc.,          ....       104 

copy  of,  may  be  furnished  upon  application  of  ten  legal  voters,  etc.,        63,  104 
number  of  names  checked  on,  to  be  returned  to  secretary  of  the  com- 
monwealth,     ..........       Ill 

when  to  be  used  in  town  meetings,   .......       137 

evidence  in  prosecution  for  violation  of  laws  relating  to,      ...  9 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,  .  127 
penalty  for  defacing  or  removing,  .......  148 

Voting  machine  examiners,  State  board  of,  state  ballot  law  commission  to 

constitute,        ..........         84 

Voting  machines,  examination  of,  etc.,         ......      83,  84-87 

requirements  of,  purchase  and  use  of .......  85,  86 

ballot  law  commission  to  make  regulations  for  the  use  of,  .  .  .  86 
board  of  voting  machine  examiners  to  examine  and  approve,  .  .  84 
to  be  inspected  under  direction  of  secretary  of  commonwealth,  .  86,  87 
to  be  safely  kept  and  repaired  by  city  or  town,  ....  83 

Voting  precincts.     (See  Precincts,  voting.) 

w. 

Ward  committees,  election,  term,  etc.,         .          .          .         .         .         .  .  37, 38 

in  case  of  a  re-division  of  a  city  into  wards,        .          .         .         .  .  37,  38 

vacancies  in,  how  filled,  ........ 

duties  of,  when  nomination  papers  (caucus)  are  not  filed,    .          .  -.  59,  60 

Wardens,  appointment  of,          .          .          .          .          .          .         .  .  77, 78 

powers  and  duties  of ,                ,          .          .         .          .         .          .  .  79, 80 


INDEX.  209 

PAGE 

Wardens,  removal  of,  .         .         .         .         .         .         .         .         .  78,  79 

vacancy  in  office  of,         .........  79-80 

to  see  that  ballot  box  is  empty  at  opening  of  polls,     ....  96,  97 

not  to  make  statements  relative  to  elections  prior  to  public  declaration 

of  vote,  ...........        97 

not  to  give  information  regarding  ballots  cast  by  challenged  voters,      .       101 
duties  of,  in  the  count  and  canvass  of  votes,       ....        102,  103 

penalties  on,  .........         143-144 

(See  also  Presiding  election  officers.) 
of  caucuses.     (See  Presiding  officers.) 

Wards,  division  of  cities  into,     .........        75 

proceedings  at  elections  in,  when  new  division  is  made,        .          .          .75,  76 

Wards  and  precincts,  division  of,  secretary  of  the  commonwealth  to  be  noti- 
fied of  changes  in,     .........         77 

Warrant,  calling  town  meeting,  to  be  issued  by  selectmen,    .         .          .         131-132 
may  be  issued  by  justice  of  the  peace  if  selectmen  refuse,    .          .         131,  132 
to  state  time  and  place  of  meeting  and  subjects  to  be  acted  on,   .    95,  96,  131 
selectmen  to  insert  in,  all  subjects  on  written  request  of  ten  voters,      .       131 
penalty  for  removing  or  defacing,     .......       148 

to  specify  hours  of  opening  and  closing  polls,     .          .          .          .          .  95,  96 

when  a  vote  is  to  be  taken  on  proposed  constitutional  amendment  or 

question,  to  contain  full  copy  of  amendment  or  question,      .         .        95 
two  or  more  distinct  town  meetings  may  be  called  by  one,  .         .       131 

Withdrawal,  of  name  of  candidate  from  nomination,  to  be  in  writing,     .      38,  60,  72 

time  for  filing, 38,  60,  72 

to  be  preserved  for  one  year,  open  to  public  inspection,  ...  73 
of  name  of  candidate  for  nomination  by  caucus,  ....  60 
of  name  of  candidate  for  nomination  by  primaries,  .  .  .38,  46,  72 

Witnesses,  at  inquests  in  election  cases,       . 127 

at  hearings  before  ballot  law  commissioners,       .....        74 

Women,  may  vote  for  members  of  school  committees,  .         .         .         .         11 

to  be  registered, 21 

list  of  names  on  register  of  voters  to  be  given  to  assessors,  .         .        21 

assessors,  except  in  Boston,  to  inquire  regarding  residence  of  those 

whose  names  are  on  lists,  .          .          .          .          .          .          .11 

list  of,  to  be  made  by  assessors,         .         .         .         .         .         .         .11 

in  Boston,  how  made,  ........        29 

except  in  Boston,  to  be  sent  to  registrars  of  voters,  ...         12 

in  Boston,  to  be  transmitted  by  election  commissioners  to  listing 

board, 32 

Women,  names  of,  to  be  placed  in  separate  columns  or  lists,  .         .         .  25,  26 

may  sign  nomination  papers  for  candidates  for  school  committees,  .  .  68 
voting  at  election  of  school  committees,  ballots  to  be  used  by,  .  89,  139 
eligible  as  overseers  of  the  poor  and  school  committee,  .  .  .  134 
registration  of.  (See  Registration  of  voters.) 

Workmen,  wages  of,  not  to  be  reduced  on  account  of  vote,   ....       152 

not  to  be  discharged  on  account  of  vote,   ......       152 

to  be  allowed  time  to  vote,       .         .         .         .         .         .         ...          8 


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